Check a Solicitor's Record
The Law Society has a statutory duty to maintain a register of all orders containing findings of misconduct made against solicitors by the Solicitors Disciplinary Tribunal, the Legal Practitioners Disciplinary Tribunal and the High Court.
Any person can apply to the Law Society for a copy of entries on that register that relate to a particular solicitor by submitting a request in writing to the Regulation Department of the Law Society.
The Law Society also has a statutory obligation to publish disciplinary findings against solicitors. The Society has developed a publication policy for this website that is linked to the severity of sanction imposed. This policy provides for the ongoing publication of the most serious sanctions and the publication of less serious findings and related sanctions for specified periods of time.
-
Where the finding includes a sanction to strike the solicitor’s name off the roll of solicitors the order will remain published indefinitely.
-
Where a finding includes an order to suspend the solicitor’s practising certificate the finding will be published for the duration of the period of suspension or three years, whichever is the longer.
-
Where the finding includes a sanction to impose a condition upon a solicitor’s practising certificate that finding will be published for a period of 3 years, or the duration of time specified in the order, whichever is the longer.
-
All other findings of misconduct will be published for a period of three years.
By law, findings of misconduct are made against individual solicitors, not firms of solicitors. SCROLL DOWN to view the search results. To view more details, click on the 'Show Details' link.
Ciaran R Callan
Callan & Company, Solicitors, River Bank House, Dodder Park Drive, Dublin 14
13/07/2009
In the matter of Ciaran R Callan, a solicitor formerly practising as Callan & Company, Solicitors, River Bank House, Dodder Park Drive, Dublin 14, and in the matter of the
Solicitors Acts 1954-2008 [4316/DT13/08 and High Court record no 2009 no 77 SA]Law Society of Ireland (applicant)
Ciaran R Callan (respondent solicitor)
On 25 June 2008, the Solicitors Disciplinary Tribunal found the respondent solicitor guilty of misconduct in his practice as a solicitor in that he:
a) Failed to honour an undertaking given to the complainant contained in a letter of 29 September 2000, whereby he undertook to furnish a certificate of compliance relating to a transaction between his named client and the complainant’s named clients in respect of a named property,
b) Failed to provide an adequate response to the complainant’s enquiries and, in particular, to the complainant’s letters dated 19 February 2001, 12 March 2001, 25 April 2001, 11 May 2001, 21 June 2001, 9 August 2001, 14 November 2001, 28 February 2002, 16 August 2002, 3 September 2002, 5 December 2002, 3 March 2005 and 16 August 2005 respectively,
c) Persisted to misrepresent the position in relation to an undertaking by giving assurances to the complainant, which subsequently were not honoured, by letters dated 5 March 2002 and 21 August 2002,
d) Failed to honour an undertaking given to the Complaints and Client Relations Committee on 12 September 2007, whereby he undertook to send a written report to the Society by 3 October 2007 regarding the current position in relation to compliance with the undertakings previously given by him to the complainant,
e) Failed to provide any adequate response to the Society’s enquiries during this investigation and, in particular, failed to respond properly or at all to the Society’s letters of 21 November 2005, 8 June 2006, 30 June 2006, 20 July 2006, 17 August 2006, 31 August 2006, 19 October 2006, 3 November 2006, 13 November 2006, 24 April 2007, 30 April 2007, 31 May 2007, 11 June 2007 respectively.
The tribunal directed:
a) That the respondent solicitor is not a fit person to be a member of the solicitors’ profession,
b) That the name of the respondent solicitor be struck off the Roll of Solicitors,
c) That the respondent solicitor pay the whole of the costs of the Law Society of Ireland, including witness expenses, to be taxed by a taxing master of the High Court in default of agreement.
The tribunal directed that the matter be referred forward to the High Court and, on 13 July 2009, the President of the High Court ordered:
1) That the name of the respondent solicitor shall be struck from the Roll of Solicitors,
2) That the Law Society do recover the costs of the proceedings herein and the costs of the proceedings before the Solicitors Disciplinary Tribunal as against the respondent when taxed or ascertained.
More Details
Ciaran R Callan
Callan & Company, Solicitors, River Bank House, Dodder Park Drive, Dublin 14
13/07/2009
In the matter of Ciaran R Callan, a solicitor formerly practising as Callan & Company, Solicitors, River Bank House, Dodder Park Drive, Dublin 14, and in the matter of the
Solicitors Acts 1954-2008 [4316/DT10/08 and High Court record no 2009 no 74 SA]Law Society of Ireland (applicant)
Ciaran R Callan (respondent solicitor)
On 25 June 2008, the Solicitors Disciplinary Tribunal found the respondent solicitor guilty of misconduct in his practice as a solicitor in that he:
a) Failed to honour an undertaking given to the complainant contained in letter of 10 May 2002, whereby he undertook to furnish certificate of title together with the title deeds to a named financial institution in respect of a named property,
b) Failed to provide an adequate response to the same named financial institution’s letters to him dated 25 October 2005 and 2 December 2005 respectively, and to the complainant’s letters dated 20 October 2006, 8 November 2006, 8 December 2006 and 7 February 2007 respectively,
c) Failed to honour an undertaking given to the Complaints and Client Relations Committee on 12 September 2007, whereby he undertook to send a written report to the Society by 3 October 2007 regarding the current position with regard to compliance with the undertakings previously given by him to the complainant,
d) Failed to reply in a timely manner to the Society’s correspondence, in particular to letters from the Society dated 21 March 2007, 1 May 2007, 23 May 2007 and 12 June 2007.
The tribunal directed that:
a) The respondent solicitor is not a fit person to be a member of the solicitors’ profession,
b) The name of the respondent solicitor be struck off the Roll of Solicitors,
c) The respondent solicitor pay the whole of the costs of the Law Society of Ireland, including witness expenses, to be taxed by a taxing master of the High Court in default of agreement.
The tribunal directed that the matter be referred forward to the High Court and, on 13 July 2009, the President of the High Court ordered that:
1) The name of the respondent solicitor shall be struck from the Roll of Solicitors,
2) The Law Society do recover the costs of the proceedings herein and the costs of the proceedings before the Solicitors Disciplinary Tribunal as against the respondent when taxed or ascertained.
More Details
Ciaran R Callan
Callan & Company, Solicitors, River Bank House, Dodder Park Drive, Dublin 14
13/07/2009
In the matter of Ciaran R Callan, a solicitor formerly practising as Callan & Company, Solicitors, River Bank House, Dodder Park Drive, Dublin 14, and in the matter of the
Solicitors Acts 1954-2008 [4316/DT11/08 and High Court record no 2009 no 75 SA]Law Society of Ireland (applicant)
Ciaran R Callan (respondent solicitor)
On 25 June 2008, the Solicitors Disciplinary Tribunal found the respondent solicitor guilty of misconduct in his practice as a solicitor in that he:
a) Failed to honour an undertaking given to the complainant contained in a letter of 14 December 2005 whereby he undertook to furnish an amended scheme map and to deal with all Land Registry queries regarding the registration of named clients’ title to a named property,
b) Failed to provide an adequate response to the complainant’s enquiries and, in particular, to the complainant’s letters dated 18 April 2006, 1 February 2007, 15 February 2007, 26 March 2007 and 10 April 2007 respectively,
c) Failed to honour an undertaking given to the Complaints and Client Relations Committee on 12 September 2007, whereby he undertook to send a written report to the Society by 3 October 2007 regarding the current position with regard to compliance with the undertakings previously given by him to the complainant.
The tribunal directed:
a) That the respondent solicitor is not a fit person to be a member of the solicitors’ profession,
b) That the name of the respondent solicitor be struck off the Roll of Solicitors,
c) That the respondent solicitor pay the whole of the costs of the Law Society of Ireland, including witness expenses, to be taxed by a taxing master of the High Court in default of agreement.
The tribunal directed that the matter be referred forward to the High Court and, on 13 July 2009, the President of the High Court ordered:
1) That the name of the respondent solicitor shall be struck from the Roll of Solicitors,
2) That the Law Society do recover the costs of the proceedings herein and the costs of the proceedings before the Solicitors Disciplinary Tribunal as against the respondent when taxed or ascertained.
More Details
Ciaran R Callan
Callan & Company, Solicitors, River Bank House, Dodder Park Drive, Dublin 14
13/07/2009
In the matter of Ciaran R Callan, a solicitor formerly practising as Callan & Company, Solicitors, River Bank House, Dodder Park Drive, Dublin 14, and in the matter of the
Solicitors Acts 1954-2008 [4316/DT12/08 and High Court record no 2009 no 76 SA]Law Society of Ireland (applicant)
Ciaran R Callan (respondent solicitor)
On 25 June 2008, the Solicitors Disciplinary Tribunal found the respondent solicitor guilty of misconduct in his practice as a solicitor in that he:
a) Failed to honour an undertaking given to the complainant contained in letter of 1 July 2004, whereby he undertook to furnish an original deed of assurance dated 4 March 1998 duly registered,
b) Failed to honour an undertaking given in a letter dated 1 July 2004 to the complainant, whereby he undertook to extract a grant of probate to the estate of a named client, deceased, and upon issue of same, execute a deed of assignment of the leasehold interest in the premises to a named client,
c) Failed to honour an undertaking given in a letter dated 1 July 2004 to the complainant, whereby he undertook to furnish a vesting certificate duly registered in the Registry of Deeds,
d) Failed to honour an undertaking given in a letter dated 1 July 2004 to the complainant, whereby he undertook to furnish a certificate of clearance from capital acquisitions tax in the estate of a named client,
e) Failed to honour an undertaking given in a letter dated 1 July 2004 to the complainant, whereby he undertook to discharge any outstanding waste charges if necessary,
f) Misrepresented the position to the complainant from in or around July 2004 by stating all was in order in respect of the extraction of the grant of probate to the estate of a named client, when in fact it was not,
g) Misrepresented to the Society in a series of letters dated 5 September 2006, 15 December 2006, 30 January 2007 and 14 March 2007 that the matter of the complaint was being resolved and that an application in respect of de bonis non grant in the estate was being made, when it is apparent that no progress has been made on this issue,
h) Failed to honour an undertaking given to the Complaints and Client Relations Committee meeting on 12 September 2007, whereby he undertook to send a written report to the Society regarding the current position with regard to compliance with the undertakings previously given by him to the complainant by 3 October 2007,
i) Failed to provide an adequate response to the Society’s enquiries during this investigation and, in particular, failed to respond properly or at all to the Society’s letters of 9 October 2006, 18 October 2006, 26 October 2006, 22 March 2007, 20 April 2007, 15 May 2007, 31 May 2007, 8 June 2007, 18 June 2007, 19 July 2007, 29 August 2007, 13 September 2007, 9 October 2007 and 23 October 2007 respectively.
The tribunal directed:
a) That the respondent solicitor is not a fit person to be a member of the solicitors’ profession,
b) That the name of the respondent solicitor be struck off the Roll of Solicitors,
c) That the respondent solicitor pay the whole of the costs of the Law Society of Ireland, including witness expenses, to be taxed by a taxing master of the High Court in default of agreement.
The tribunal directed that the matter be referred forward to the High Court and, on 13 July 2009, the President of the High Court ordered:
1) That the name of the respondent solicitor shall be struck from the Roll of Solicitors,
2) That the Law Society do recover the costs of the proceedings herein and the costs of the proceedings before the Solicitors Disciplinary Tribunal as against the respondent when taxed or ascertained.
More Details
Fergal T Kelly
Harmony Hill, Sligo, Co Sligo
06/07/2009
In the matter of Fergal T Kelly, solicitor, of Harmony Hill, Sligo, Co Sligo, and in the matter of the
Solicitors Acts 1954-2002 [9451/DT21/08 and High Court record no 2009 no 37 SA]Law Society of Ireland (applicant)
Fergal T Kelly (respondent solicitor)
On 13 January 2009, the Solicitors Disciplinary Tribunal found the respondent solicitor guilty of misconduct in his practice as a solicitor in that:
a) He caused a deficit in client account of €3,044 at 30 September 2006,
b) He caused debit balances of €21,615.42 in the clients’ ledgers,
c) In the course of acting for a named client in a purchase of property, interest and penalty on the stamp duty of €7,630 were avoided because he ‘updated’ the deed to a date close to when the deed was submitted to the Revenue,
d) In the course of acting for a named client in a purchase of property, interest and penalty on the stamp duty of €86,850 were avoided because he ‘updated’ the deed to a date close to when the deed was submitted to the Revenue,
e) In the course of acting for named clients in a purchase of property, interest and penalty on the stamp duty of €9,880 were avoided because he ‘updated’ the deed to a date close to when the deed was submitted to the Revenue,
f) In the course of acting for the same named clients in a purchase of another property, interest and penalty on the stamp duty of €8,198.79 were avoided because he ‘updated’ the lease to a date close to when the lease was submitted to the Revenue,
g) In the course of acting for named clients in a purchase of a property, interest and penalty on the stamp duty of €14,300 were avoided because he ‘updated’ the lease to a date close to when the lease was being submitted to the Revenue,
h) In the course of acting for a named client (being the same client as referred to in paragraph (d)) in a purchase of another property, interest and penalty on the stamp duty of €72,000 were avoided because he ‘updated’ the deed to a date close to when the deed was submitted to the Revenue,
i) In the course of acting for a named client in a purchase of a property, interest and penalty on stamp duty of €33,000 were avoided because he ‘updated’ the deed to a date close to when the deed was submitted to the Revenue,
j) In the course of acting for the same named client in a purchase of another property, interest and penalty on the stamp duty of €5,100 were avoided because he ‘updated’ the deed to a date close to when the deed was submitted to the Revenue,
k) In the course of acting for named clients in a purchase of a property, interest and penalty on the stamp duty of €4,350 were avoided because he ‘updated’ the deed to a date close to when the deed was submitted to the Revenue,
l) In the course of acting for a named client (being the same client referred to in paragraphs (d) and (h)) in a purchase of another property, interest and penalty on the stamp duty of €18,000 were avoided because he ‘updated’ the deed to a date close to when the deed was submitted to the Revenue,
m) In the course of acting for named clients in a purchase of a property, interest and penalty on the stamp duty of €2,760 were avoided because he ‘updated’ the deed to a date close to when the deed was submitted to the Revenue,
n) In the course of acting for named clients in a purchase of a property, interest and penalty on the stamp duty of €5,555 were avoided because he ‘updated’ the deed to a date close to when the deed was submitted to the Revenue,
o) He delayed in completing stamping and registration,
p) He provided incorrect information to the Revenue in a letter dated 6 June 2006, while in the course of acting for a named client (being the same client referred to in paragraph (j)), when he stated that the deed of transfer was sent to the Revenue on 21 April 2006,
q) He provided incorrect information to a named bank when he informed the bank that 12 contracts had been executed in relation to a development being carried out by a client who is a builder,
r) During the investigation, he gave incorrect information to the investigating accountant when he stated that the transfer to his named clients was exempt from stamp duty because the clients were first-time buyers, and also when he stated that he had no unstamped deeds that should have been stamped,
s) He failed to keep copies of some stamped deeds,
t) Fees were debited to the office ledger when the costs were received instead of when the bills were issued.
The tribunal recommended that the respondent solicitor:
a) Not be permitted to practise as a sole practitioner; that he be permitted only to practise as a solicitor under the direct control and supervision of another solicitor of at least ten years’ standing, to be approved in advance by the Law Society,
b) Pay the whole of the costs of the Law Society of Ireland, to be taxed by a taxing master of the High Court, in default of agreement.
The tribunal directed that the matter be referred forward to the High Court and, on 27 April 2009 and 6 July 2009, the President of the High Court ordered that:
1) The respondent solicitor should not be permitted to practise as a sole practitioner; that he be permitted only to practise as a solicitor under the direct control and supervision of another solicitor of at least ten years’ standing, to be approved in advance by the Law Society of Ireland,
2) The Law Society do recover the costs of the proceedings herein and before the said tribunal as against the respondent when taxed or ascertained.
More Details
Michael Mooney
Osborne MacGettigan and Co, Solicitors, Milford, Co Donegal
18/05/2009
Notice: the High Court
Record no: 2009 no 52 SA
In the matter of Michael Mooney, a solicitor formerly practising under the style and title of Osborne MacGettigan & Co, Solicitors, Milford, Co Donegal and in the matter of the Solicitors Acts 1954-2002
Take notice that, by order of the High Court made on Monday 18 May 2009, it was ordered:
1) That the name of the respondent solicitor shall be struck from the Roll of Solicitors,
2) That the respondent solicitor do cooperate fully in any further application that might have to be made to the Circuit Court on behalf of named clients in order to cancel the original registration of them as full owners as of 28 July 2005 of folio 4296F Co Donegal, grounded as it was on the admitted forged deed of transfer dated 22 December 2004, in order that the named clients are again registered as full owners of the said folio on foot of their beneficial interest deriving from other named clients, whose interest derived from the purchase transaction closed by the respondent solicitor on behalf of those other named clients on 22 August 1995 and the deed of transfer delivered on that date from a named third party (as legal personal representative of another named third party, deceased, the then registered full owner) to the said other named clients, whose resulting legal entitlement to be registered as full owners has never taken place or, apparently, noted in any way by the Property Registration Authority, formerly the Land Registry,
3) That the respondent solicitor pay the sum of €10,000 as compensation to the Compensation Fund of the Law Society of Ireland,
4) That the Law Society recover the costs of the proceedings herein and the costs of the proceedings before the Solicitors Disciplinary Tribunal as against the respondent when taxed or ascertained.
John Elliot, Registrar of Solicitors
June 2009
More Details
John B McGlynn
11 Castle Street, Athlone, Co Westmeath
16/02/2009
In the matter of John B McGlynn, a solicitor formerly carrying on practice as John McGlynn & Company at 11 Castle Street, Athlone, Co Westmeath, and in the matter of the
Solicitors Acts 1954-2002 [7068/DT90/07 and High Court record no 2009 no 5 SA]Law Society of Ireland (applicant)
John B McGlynn (respondent solicitor)
On 21 October 2008, the Solicitors Disciplinary Tribunal found the respondent solicitor guilty of misconduct in his practice as a solicitor in that he:
a) Failed to extract a grant of probate to the estate of a named client and did not gather in liquid assets of approximately IR£100,000,
b) Misappropriated clients’ money from three other clients’ ledger accounts, including IR£60,000 from one of the three ledger accounts, to pay the beneficiaries of the estate of a named client,
c) Misappropriated clients’ money of €4,000 from the ledger account of a named client and used the money to make a payment for another client,
d) Misappropriated two client account cheques for a total of either €3,000 or €5,000 for his own personal purposes and caused the cheques to be debited to the clients’ ledger account of a named client,
e) Misappropriated IR£50,000 for his own personal use out of IR£120,000 received for a named client,
f) Misappropriated €106,703.56 from the clients’ ledger account of a named client to discharge the mortgage of another named client, after having previously misappropriated the money that should have been used to discharge the mortgage,
g) Falsely entered on the cheque stub for the above cheque for €106,703.56 that the payment related to a named client, which caused the bookkeeper to make a false entry in the books of account,
h) Misappropriated €30,000, €3,723 and €5,500 from the clients’ ledger account of a named client,
i) Falsely entered on the cheque stubs for the above three cheques that the payments related to a named client, which caused the bookkeeper to make three false entries in the books of account,
j) Falsely entered on a client account lodgement stub that the sum of €65,000 was received for a named client, when it was actually received for another named client, which caused the bookkeeper to make a false entry in the books of account,
k) Caused a debit balance of €15,484.70 on the clients’ ledger account of a named client because he had previously misappropriated the named client’s money,
l) Failed to discharge the mortgage on a named client’s property because he was unable to do so, as he had previously misappropriated the named client’s money,
m) Misappropriated €5,000 or €6,000 from an estate and used the money to buy things for his new house,
n) Misappropriated the amounts of IR£20,000 and €1,200 received from clients to pay stamp duty,
o) Obtained €100,000 from a named client after telling him untruthfully that there was an investment opportunity that would earn 30% after six months; he then misappropriated €92,500 of the €100,000,
p) Untruthfully represented to his former solicitor partner in a named firm of solicitors and his reporting accountant that the €100,000 obtained from a named client was a loan to him (the respondent solicitor) from the named client; this caused his reporting accountant in his report dated 28 June 2005 to understate the deficit in client monies by €100,000,
q) Misappropriated €100,000 from the clients’ ledger account of a named client; he paid the €100,000 to his brother,
r) Obtained a total of €100,000 from a named client and another named client on the false pretence that the money would be invested in a building development for a return of 30% or 35%, and he then used the money to reimburse the clients’ ledger account of another named client,
s) Concealed his misappropriations of clients’ moneys through a system of systematic teeming and lading in the books of account of a named firm of solicitors and another named firm of solicitors,
t) Failed to keep books of account while in sole practice,
u) Left deficits totalling €166,278 on four files when he left a named firm of solicitors,
v) Left deficits totalling €484,533 on various files when he left another named firm of solicitors, €63,500 of which was carried forward from the practice of another named firm of solicitors,
w) Created a deficit of €147,051 in the client account of John McGlynn & Co, €128,655 of which was created when he paid that amount to clear part of the deficit in his previous practice,
x) Obtained a total of €185,000, to clear part of the deficit in a named firm of solicitors, from two relatives and a named client by stating to his relatives that he had “financial commitments on leaving the practice” of the same named firm of solicitors and he informed the same named client that he needed the money to set up in practice,
y) Gave a loan of €12,000 to a named client from a client account, which was a personal loan and was not authorised by the client whose ledger account was debited with the payment,
z) A number of times failed to make a full disclosure when given the opportunity to do so.
The tribunal recommended that:
a) The respondent solicitor is not a fit and proper person to be a member of the solicitors' profession, and
b) His name be struck off the Roll of Solicitors.
The tribunal directed that the matter be referred forward to the High Court and, on 16 February 2009, the President of the High Court ordered that:
1) The respondent solicitor is not a fit and proper person to be a member of the solicitors' profession,
2) The name of the respondent solicitor be struck from the Roll of Solicitors,
3) The Law Society do recover the costs of the proceedings herein and the costs of the proceedings before the Solicitors Disciplinary Tribunal as against the respondent when taxed or ascertained.
More Details
Thomas Byrne
Thomas Byrne & Co, 78 Walkinstown Road, Dublin 12
16/06/2008
In the matter of Thomas Byrne, a solicitor formerly practising under the style and title of Thomas Byrne & Co at 78 Walkinstown Road, Dublin 12, and in the matter of the Solicitors Acts 1954-2002 [6095/DT60/06, 6095/DT36/08 and High Court record no 2008 no 52SA]
Law Society of Ireland (applicant)
Thomas Byrne (respondent solicitor)
On 20 February 2008, the Solicitors Disciplinary Tribunal found the respondent solicitor guilty of misconduct in his practice as a solicitor in that he:
1) Failed to comply in a timely manner or at all with undertakings given to Allied Irish Banks plc, and failed to do so despite repeated requests for compliance by the bank,
2) Failed in particular to perfect the bank’s security for the borrowings of his clients, in breach of the said undertakings,
3) Failed to furnish the bank with title documentation and/or mortgage deeds, in breach of the said undertakings,
4) Failed to furnish the bank with information regarding the perfection of the bank’s security, and in particular information relating to the execution and registration of mortgage charges under the terms of the said undertakings, and failed to provide such information despite repeated requests from the bank,
5) Furnished the bank with misleading and/or erroneous information relating to the said undertakings, and in particular in relation to the registration of mortgage charges,
6) Failed to comply with the direction of the Complaints and Client Relations Committee, as communicated to the respondent solicitor by letter of 28 July 2005, that he comply with the undertakings given to the bank,
7) Failed to comply with the direction of the Complaints and Client Relations Committee, as communicated to the respondent solicitor by letter of 28 July 2005, that he provide information relating to the undertakings given to the bank, as requested by the Law Society in its letter of 18 May 2005, by way of, in particular, a comprehensive response to the bank’s letter of 1 March 2005.
The tribunal ordered the Law Society to bring the report of the tribunal in respect of the respondent solicitor before the High Court, with recommendations that the respondent solicitor be struck off the Roll of Solicitors and pay the whole of the costs of the Law Society, to be taxed in default of agreement.
On 22 May 2008, the Solicitors Disciplinary Tribunal found the respondent solicitor guilty of misconduct in his practice as a solicitor in that he:
1) Fraudulently caused or permitted the signature of an assistant solicitor in his practice to be forged on an undertaking furnished to Irish Nationwide Building Society by his practice, dated 29 March 2007,
2) Fraudulently furnished/permitted to be furnished the said undertaking to Irish Nationwide Building Society, dated 29 March 2007, knowing that the signature thereon, which purported to be the signature of an assistant solicitor in his practice, had been forged,
3) Dishonestly obtained a loan for his own personal use and benefit from Irish Nationwide Building Society of in or about €4,545,000 on 30 March 2007 on foot of the said fraudulent undertaking furnished by him/his practice to the said building society, dated 29 March 2007, on his behalf as borrower, in circumstances where he caused or permitted the name of the signatory of the said undertaking to be forged,
4) Dishonestly represented to Irish Nationwide Building Society the authenticity of the said undertaking by furnishing the undertaking to them under cover of a letter dated 29 March 2007, signed by him, confirming that an assistant solicitor in his practice is an authorised signatory, in circumstances where he knew that the name of the purported authorised signatory of the said undertaking had been forged,
5) Failed to comply with the said undertaking given by his practice to Irish Nationwide Building Society, dated 29 March 2007, in respect of a loan to him in the amount of in or about €4,545,000, and in particular breached the terms of the undertaking by failing to ensure that he had good marketable title to the properties listed in the said undertaking as security for the loan, and further failed to execute, stamp and register charges against the properties in favour of Irish Nationwide Building Society,
6) Forged the signature of a solicitor in his practice on an undertaking furnished to EBS Building Society in respect of a loan to him of, in or about, €1 million secured/secured in part on 103 Clonard Road, Crumlin, Dublin 12,
7) Dishonestly caused or permitted undertakings to be given to two financial institutions, namely EBS Building Society and IIB Bank, secured in part on the same property, 103 Clonard Road, Crumlin, Dublin12,
8) Dishonestly repeatedly caused or permitted undertakings to be furnished by his practice to multiple financial institutions in respect of borrowings advanced by financial institutions to him/to him and a third party, secured on the same property/properties,
9) Abandoned his practice on or about 19 October 2007 in breach of his duty to his clients and without notification to his clients and/or the Law Society,
10) Dishonestly abandoned his practice on or about 19 October 2007 in circumstances where undertakings given by his practice to financial institutions in respect of loans advanced personally to him, and in respect of which loan monies had been drawn down, had not been complied with,
11) Prior to abandoning his practice, dishonestly removed files from the practice and, in particular, removed file BYT2010001 (described as relating to lands at Clonee, Co Meath),
12) Dishonestly obtained personal loans totalling in or around €21 million by causing or permitting undertakings to be furnished by his practice on his behalf to four financial institutions, namely Irish Nationwide Building Society, Anglo Irish Bank, IIB Bank and EBS Building Society, in respect of personal borrowings secured/secured in part on the same six properties, namely: 165 Cherrywood Drive, Clondalkin; 112 Grangeview Road, Clondalkin; 12 Grangeview Grove, Clondalkin; 15 Grangeview Lawn, Clondalkin; 32 Westbourne Avenue, Clondalkin; and 27 Westbourne Park, Clondalkin (‘the six properties’),
13) Fraudulently failed to disclose to some/all of the aforesaid four financial institutions that undertakings had already been furnished to other financial institution(s) secured on the six properties,
14) Failed to comply in full with some/all of the said undertakings furnished to INBS, Anglo Irish Bank, IIB Bank and EBS Building Society in respect of the six properties,
15) Failed to comply with an undertaking given by his practice to INBS on or about 12 October 2006 in respect of monies advanced to him personally and secured in part on the six properties,
16) Failed to return title documentation in respect of the said six properties furnished to him by Anglo Irish Bank on trust on 5 September 2007, despite demand pursuant to the terms of accountable trust receipts given by/on behalf of his practice to the said bank,
17) Failed to comply with undertakings given by his practice to IIB, dated 6 September 2007, in respect of monies advanced to him in the amount of €9,000,000 and secured in part on the six properties, and in particular failed to submit title documentation to IIB in accordance with the terms of the said undertakings,
18) Failed to comply with an undertaking given by/on behalf of his practice, dated 25 June 2007, to EBS Building Society in respect of monies advanced to him in the amount of €3,000,000 and secured in part on the six properties,
19) Failed to comply with an undertaking given by/on behalf of his practice, dated 8 August 2007, to EBS Building Society in respect of monies advanced to him in the amount of €1,000,000 and secured in part on the six properties,
20) Failed to maintain adequate client and accounting records in respect of transactions involving 102 Boot Road, Clondalkin, Dublin 22 (102 Boot Road),
21) Dishonestly caused or permitted multiple undertakings to be given by his practice to numerous financial institutions secured/secured in part on 102 Boot Road,
22) Failed to comply with multiple undertakings given by his practice to financial institutions in respect of the borrowings of the respondent solicitor and/or third parties secured/secured in part on 102 Boot Road and failed in particular to register charges in favour of financial institutions against the said property,
23) Dishonestly gave an undertaking to ACC Bank on or about 22 April 2004 in respect of a loan to a client in the amount of in or around €1,000,000, secured in part on 102 Boot Road, in circumstances where the said client was not the owner of the said property and further failed to comply with the said undertaking by, in particular, failing to ensure the bank obtained a valid first legal mortgage on the property,
24) Dishonestly caused or permitted an undertaking to be given by his practice to EBS Building Society on or about 31 May 2004 in respect of a loan advanced to him in the amount of €945,000, secured in part on 102 Boot Road, in circumstances where he was not the owner of the said property and further in circumstances where he had given a prior and conflicting undertaking dated 22 April 2004 to ACC Bank in respect of a loan to a client and, further, failed to comply with the said undertaking to EBS Building Society and in particular failed to register a first legal mortgage against the property in favour of EBS Building Society,
25) Dishonestly caused or permitted an undertaking to be given on behalf of his practice to Irish Nationwide Building Society on 29 March 2007 in respect of a loan to him in the amount of in or about €4,545,000 and secured in part on 102 Boot Road in circumstances where prior undertakings given by his practice in respect of the property remained outstanding and further failed to comply with the terms of the said undertaking by failing to execute and register a first legal mortgage against the said property in favour of Irish Nationwide Building Society,
26) Dishonestly sought to mislead Irish Nationwide Building Society by writing to Irish Nationwide Building Society by letter dated 18 October 2007 undertaking to complete the certificate of title and to comply with the undertaking given to Irish Nationwide Building Society dated 29 March 2007, which referred to Irish Nationwide Building Society obtaining a first legal mortgage in respect of 102 Boot Road, knowing that similar undertakings had been given by his practice to ACC Bank and EBS Building Society and further in circumstances where he had personally secured a loan of €9 million secured in part on 102 Boot Road from IIB Bank on 7 September 2007 on foot of a further undertaking furnished by his practice,
27) Dishonestly offered 102 Boot Road as security for his personal borrowings, knowing that the property was the subject of multiple prior undertakings to other financial institutions, which remained outstanding,
28) Dishonestly obtained a loan from IIB Bank in the amount of €9,000,000 on or about 7 September 2007, secured in part on 102 Boot Road, on foot of an undertaking given by his practice to the said bank dated 6 September 2007 in circumstances where the property had previously been offered as security for loans from other financial institutions and in respect of which undertakings given by his practice to register charges against the property in favour of those financial institutions remained outstanding,
29) Dishonestly obtained a loan from Irish Nationwide Building Society in the amount of €4,545,000 on or about 30 March 2007, secured in part on 102 Boot Road, on foot of an undertaking given by his practice to the said bank dated 29 March 2007 in circumstances where the property had previously been offered as security for loans from other financial institutions and in respect of which undertakings given by his practice to register charges against the property in favour of those financial institutions remained outstanding,
30) Dishonestly obtained loans from Bank of Scotland in the amounts of €3,550,000 and €450,000, secured in part on 102 Boot Road, on or about 1 December 2004 on foot of an undertaking given by his practice to the said bank on 29 November 2004 in circumstances where the property had previously been offered as security for loans from other financial institutions and in respect of which undertakings given by his practice to register charges against the property in favour of those financial institutions remained outstanding,
31) Dishonestly obtained a loan from EBS Building Society in the amount of €945,000, secured in part on 102 Boot Road, on foot of an undertaking given by his practice dated 3 June 2004 in circumstances where the property had previously been offered as security for a loan to a third party from another financial institution and in respect of which an undertaking to register a charge given by his practice against the property in favour of that financial institution remained outstanding,
32) Failed to ensure the payment of stamp duty in respect of the sale of 102 Boot Road on or about 10 October 2002,
33) Failed to ensure the payment of stamp duty on time and within 30 days of the completion of the purchase of 102 Boot Road by a client on or about 4 August 2000,
34) Failed to maintain any or any proper records in relation to the payment of stamp duty on transactions involving 102 Boot Road,
35) Failed to maintain adequate client and accounting records in respect of transactions involving the property known as Otterbrook, Kilquade, Co Wicklow (Otterbrook),
36) Failed to ensure the payment of stamp duty on time and within 30 days of the completion of the purchase of Otterbrook by a client in or about November 2002,
37) Failed to maintain any or any adequate vouching documentation in respect of the payment of stamp duty in respect of the said purchase of Otterbrook by the same client,
38) Dishonestly caused or permitted multiple undertakings to be given by his practice to multiple financial institutions in respect of borrowings of the same client secured/secured in part on Otterbrook, in circumstances where prior and conflicting undertakings were outstanding and charges in favour of financial institutions were not registered against the said property,
39) Failed to comply with undertakings given by him in respect of loans advanced to the same client by ACC Bank (dated 12 August 2003 and 20 June 2007 – loans of €746,218.37 and €1 million), EBS Building Society (dated 28 May 2003 and 31 January 2005 – loans of €1 million and €3 million) and Irish Nationwide Building Society (dated 20 December 2006 – loan of €1,500,000) by failing to register first legal mortgages/charges in favour of the said financial institutions against Otterbrook in accordance with the terms of the said undertakings,
40) Dishonestly gave an undertaking to EBS Building Society, dated 26 June 2007, in respect of a loan to the same client in the amount of €1,500,000, secured in part on Otterbrook, in which he undertook to hold all documents of title on accountable trust receipt from EBS Building Society and to return all title documents to EBS Building Society as soon as possible or on demand, in circumstances where the said undertaking was in direct conflict with an undertaking he had given to ACC Bank six days earlier, dated 20 June 2007, by which he undertook to secure a first legal mortgage for ACC Bank against Otterbrook and hold all title documents in trust for ACC Bank,
41) Dishonestly gave undertakings to Ulster Bank Ireland Limited, dated 10 March 2004 and 1 April 2004, in respect of a loan advanced to the same client in the amount of in or about €1,400,000, secured in part on Otterbrook, by which his practice confirmed to the bank that the title to the said property was unencumbered and undertook if required to attend to the registration of a first legal charge of Ulster Bank Ireland Limited on the property, in circumstances where he/his practice had given prior undertakings to other financial institutions to register first legal mortgages against the said property, which remained outstanding,
42) Failed to maintain adequate client and accounting records in respect of transactions involving The Lodge (St Mary’s), Blackberry Lane, Delgany, Co Wicklow (The Lodge),
43) Dishonestly caused or permitted multiple undertakings to be given by his practice to multiple financial institutions in respect of borrowings of a client secured/secured in part on The Lodge, in circumstances where prior undertakings remained outstanding and charges in favour of financial institutions were not registered against the said property,
44) Failed to comply with an undertaking given to EBS Building Society dated 31 January 2005 in respect of a loan advanced to the same client, secured in part on The Lodge, in the amount of €3 million and in particular failed to register a first legal mortgage/charge in favour of EBS Building Society against the said property in accordance with the terms of the said undertaking,
45) Dishonestly gave an undertaking to Ulster Bank Ireland Limited, dated 27 July 2007, in respect of loans advanced to the same client in the amounts of €1,400,000 and €1,300,000 and secured in part on The Lodge, in which he undertook to hold all documents of title for The Lodge to the order of Ulster Bank Ireland Limited pending completion of the sale of the property, in circumstances where the said undertaking was in direct conflict with an undertaking given by him to EBS Building Society, dated 26 June 2007, in respect of a loan advanced to the same client in the amount of €1,500,000, secured in part on The Lodge, by which his practice undertook to hold the documents of title for The Lodge on accountable trust receipt to EBS Building Society,
46) Failed to maintain adequate client and accounting records in respect of transactions involving 14 Liberty View, Pim Street, Dublin 8 (14 Liberty View),
47) Dishonestly caused or permitted multiple undertakings to be given by his practice to multiple financial institutions in respect of borrowings of a client secured/secured in part on 14 Liberty View, in circumstances where prior undertakings remained outstanding and charges in favour of financial institutions were not registered against the said property,
48) Failed to comply with an undertaking given by him, dated 22 September 2005, to National Irish Bank in respect of a loan advanced to the same client in the amount of €2 million and an overdraft facility in the amount of €2 million secured in part on 14 Liberty View, and in particular failed to register a first legal mortgage/charge against the said property in favour of National Irish Bank in accordance with the terms of the said undertaking,
49) Failed to comply with an undertaking given by him, dated 22 November 2005, to EBS Building Society in respect of a loan advanced to him personally in the amount of €1,607,000, secured in part on 14 Liberty View, and in particular failed to register a first legal mortgage/charge against the said property in favour of EBS Building Society in accordance with the terms of the said undertaking,
50) Dishonestly caused or permitted the undertaking dated 22 November 2005 to be given to EBS Building Society, which said undertaking required him to secure a first legal mortgage/charge on 14 Liberty View for EBS Building Society in circumstances where, eight days previously, his practice had given an undertaking to Bank of Scotland, dated 14 November 2005, in relation to a loan also secured in part on 14 Liberty View, by which his practice undertook not to do any act that would enable the property to be mortgaged or assigned without the consent of Bank of Scotland,
51) Dishonestly obtained a loan from EBS Building Society on or about 25 November 2005 in the amount of €1,607,000, secured in part on 14 Liberty View, in circumstances where he was not at that time the owner of the said property or, in the alternative, failed to maintain any client or accounting records in relation to the transfer of the property to him,
52) Dishonestly caused or permitted multiple undertakings (dated 22 November 2005, 31 January 2007, 25 June 2007 and 8 August 2007) to be given by his practice to EBS Building Society in relation to loans advanced to him personally and secured in part on 14 Liberty View, by which he undertook that a first legal mortgage would be registered in favour of EBS Building Society against the said property and further undertook that his practice would hold the documents of title on accountable trust receipt from EBS Building Society in circumstances where he knew/ought to have known that prior undertakings had been given by his practice in relation to the borrowings of a client also secured in part on 14 Liberty View,
53) Allowed continuing deficits on the client account of in or around €5,793,948 at 30 April 2006, in or around €6,867,015 at 31 July 2006 and in or around €7,085,276 at 31 August 2006,
54) Caused or permitted deficits to arise on the client account at 30 April 2006 through the use of client monies in a manner not permitted by the Solicitors’ Accounts Regulations (the regulations),
55) Allowed a deficit on the client account of in or around €185,000 as of 31 May 2007,
56) Dishonestly sought to conceal/permit the concealment of the fact that a deficit had arisen on the client account as of 31 May 2007 and did so by causing or permitting the transfer of funds into the client account on or about 31 May 2007, which represented a date in respect of which an accounting report was required to be drawn up and filed with the Law Society,
57) Failed to ensure payment of stamp duty on transactions in respect of which his practice acted and/or failed to maintain proper client and accounting records of payment of stamp duty,
58) Caused or permitted flagrant and widespread breaches of the regulations in the keeping of the accounts of his practice,
59) Allowed debit balances to arise on the client account in the amount of approximately €185,000 at 31 May 2007, in breach of regulation 7(2)(a) of the regulations,
60) Used client monies in a manner not permitted by regulation 7 of the regulations,
61) Used client monies for his own personal use in breach of regulation 7(2)(b) of the regulations and/or used client monies for other clients and failed to properly account for such use, in breach of regulation 7(1)(a)(i) and 7(1)(a)(ii) of the regulations,
62) Failed to maintain adequate client and accounting records, in breach of regulation 12, and in particular in breach of regulation 12(1), 12(2), 12(3)(a) and 12(3)(b) of the regulations,
63) Used suspense accounts in breach of regulation 12(1) and 12(2) of the regulations,
64) Failed to maintain accounting records of each client matter and all documents generated in the course of each client matter, in breach of regulation 20(1)(h) of the regulations.
The tribunal ordered the Law Society to bring the report of the tribunal in respect of the respondent solicitor before the High Court, with recommendations that the respondent solicitor be struck off the Roll of Solicitors, pay a monetary penalty of €1,000,000, and pay the whole of the costs of the Law Society to be taxed in default of agreement.
On 16 June 2008, the President of the High Court ordered:
i) That the name of the respondent solicitor be struck off the Roll of Solicitors,
ii) That the respondent solicitor pay a monetary penalty of €1,000,000 to the Law Society, and
iii) That the Law Society recover from the respondent solicitor the costs of the proceedings before the Solicitors Disciplinary Tribunal and the costs of the application to the High Court when taxed in default of agreement.
Law Society of Ireland (applicant)
Thomas Byrne (respondent solicitor)
On 20 February 2008, the Solicitors Disciplinary Tribunal found the respondent solicitor guilty of misconduct in his practice as a solicitor in that he:
1) Failed to comply in a timely manner or at all with undertakings given to Allied Irish Banks plc, and failed to do so despite repeated requests for compliance by the bank,
2) Failed in particular to perfect the bank’s security for the borrowings of his clients, in breach of the said undertakings,
3) Failed to furnish the bank with title documentation and/or mortgage deeds, in breach of the said undertakings,
4) Failed to furnish the bank with information regarding the perfection of the bank’s security, and in particular information relating to the execution and registration of mortgage charges under the terms of the said undertakings, and failed to provide such information despite repeated requests from the bank,
5) Furnished the bank with misleading and/or erroneous information relating to the said undertakings, and in particular in relation to the registration of mortgage charges,
6) Failed to comply with the direction of the Complaints and Client Relations Committee, as communicated to the respondent solicitor by letter of 28 July 2005, that he comply with the undertakings given to the bank,
7) Failed to comply with the direction of the Complaints and Client Relations Committee, as communicated to the respondent solicitor by letter of 28 July 2005, that he provide information relating to the undertakings given to the bank, as requested by the Law Society in its letter of 18 May 2005, by way of, in particular, a comprehensive response to the bank’s letter of 1 March 2005.
The tribunal ordered the Law Society to bring the report of the tribunal in respect of the respondent solicitor before the High Court, with recommendations that the respondent solicitor be struck off the Roll of Solicitors and pay the whole of the costs of the Law Society, to be taxed in default of agreement.
On 22 May 2008, the Solicitors Disciplinary Tribunal found the respondent solicitor guilty of misconduct in his practice as a solicitor in that he:
1) Fraudulently caused or permitted the signature of an assistant solicitor in his practice to be forged on an undertaking furnished to Irish Nationwide Building Society by his practice, dated 29 March 2007,
2) Fraudulently furnished/permitted to be furnished the said undertaking to Irish Nationwide Building Society, dated 29 March 2007, knowing that the signature thereon, which purported to be the signature of an assistant solicitor in his practice, had been forged,
3) Dishonestly obtained a loan for his own personal use and benefit from Irish Nationwide Building Society of in or about €4,545,000 on 30 March 2007 on foot of the said fraudulent undertaking furnished by him/his practice to the said building society, dated 29 March 2007, on his behalf as borrower, in circumstances where he caused or permitted the name of the signatory of the said undertaking to be forged,
4) Dishonestly represented to Irish Nationwide Building Society the authenticity of the said undertaking by furnishing the undertaking to them under cover of a letter dated 29 March 2007, signed by him, confirming that an assistant solicitor in his practice is an authorised signatory, in circumstances where he knew that the name of the purported authorised signatory of the said undertaking had been forged,
5) Failed to comply with the said undertaking given by his practice to Irish Nationwide Building Society, dated 29 March 2007, in respect of a loan to him in the amount of in or about €4,545,000, and in particular breached the terms of the undertaking by failing to ensure that he had good marketable title to the properties listed in the said undertaking as security for the loan, and further failed to execute, stamp and register charges against the properties in favour of Irish Nationwide Building Society,
6) Forged the signature of a solicitor in his practice on an undertaking furnished to EBS Building Society in respect of a loan to him of, in or about, €1 million secured/secured in part on 103 Clonard Road, Crumlin, Dublin 12,
7) Dishonestly caused or permitted undertakings to be given to two financial institutions, namely EBS Building Society and IIB Bank, secured in part on the same property, 103 Clonard Road, Crumlin, Dublin12,
8) Dishonestly repeatedly caused or permitted undertakings to be furnished by his practice to multiple financial institutions in respect of borrowings advanced by financial institutions to him/to him and a third party, secured on the same property/properties,
9) Abandoned his practice on or about 19 October 2007 in breach of his duty to his clients and without notification to his clients and/or the Law Society,
10) Dishonestly abandoned his practice on or about 19 October 2007 in circumstances where undertakings given by his practice to financial institutions in respect of loans advanced personally to him, and in respect of which loan monies had been drawn down, had not been complied with,
11) Prior to abandoning his practice, dishonestly removed files from the practice and, in particular, removed file BYT2010001 (described as relating to lands at Clonee, Co Meath),
12) Dishonestly obtained personal loans totalling in or around €21 million by causing or permitting undertakings to be furnished by his practice on his behalf to four financial institutions, namely Irish Nationwide Building Society, Anglo Irish Bank, IIB Bank and EBS Building Society, in respect of personal borrowings secured/secured in part on the same six properties, namely: 165 Cherrywood Drive, Clondalkin; 112 Grangeview Road, Clondalkin; 12 Grangeview Grove, Clondalkin; 15 Grangeview Lawn, Clondalkin; 32 Westbourne Avenue, Clondalkin; and 27 Westbourne Park, Clondalkin (‘the six properties’),
13) Fraudulently failed to disclose to some/all of the aforesaid four financial institutions that undertakings had already been furnished to other financial institution(s) secured on the six properties,
14) Failed to comply in full with some/all of the said undertakings furnished to INBS, Anglo Irish Bank, IIB Bank and EBS Building Society in respect of the six properties,
15) Failed to comply with an undertaking given by his practice to INBS on or about 12 October 2006 in respect of monies advanced to him personally and secured in part on the six properties,
16) Failed to return title documentation in respect of the said six properties furnished to him by Anglo Irish Bank on trust on 5 September 2007, despite demand pursuant to the terms of accountable trust receipts given by/on behalf of his practice to the said bank,
17) Failed to comply with undertakings given by his practice to IIB, dated 6 September 2007, in respect of monies advanced to him in the amount of €9,000,000 and secured in part on the six properties, and in particular failed to submit title documentation to IIB in accordance with the terms of the said undertakings,
18) Failed to comply with an undertaking given by/on behalf of his practice, dated 25 June 2007, to EBS Building Society in respect of monies advanced to him in the amount of €3,000,000 and secured in part on the six properties,
19) Failed to comply with an undertaking given by/on behalf of his practice, dated 8 August 2007, to EBS Building Society in respect of monies advanced to him in the amount of €1,000,000 and secured in part on the six properties,
20) Failed to maintain adequate client and accounting records in respect of transactions involving 102 Boot Road, Clondalkin, Dublin 22 (102 Boot Road),
21) Dishonestly caused or permitted multiple undertakings to be given by his practice to numerous financial institutions secured/secured in part on 102 Boot Road,
22) Failed to comply with multiple undertakings given by his practice to financial institutions in respect of the borrowings of the respondent solicitor and/or third parties secured/secured in part on 102 Boot Road and failed in particular to register charges in favour of financial institutions against the said property,
23) Dishonestly gave an undertaking to ACC Bank on or about 22 April 2004 in respect of a loan to a client in the amount of in or around €1,000,000, secured in part on 102 Boot Road, in circumstances where the said client was not the owner of the said property and further failed to comply with the said undertaking by, in particular, failing to ensure the bank obtained a valid first legal mortgage on the property,
24) Dishonestly caused or permitted an undertaking to be given by his practice to EBS Building Society on or about 31 May 2004 in respect of a loan advanced to him in the amount of €945,000, secured in part on 102 Boot Road, in circumstances where he was not the owner of the said property and further in circumstances where he had given a prior and conflicting undertaking dated 22 April 2004 to ACC Bank in respect of a loan to a client and, further, failed to comply with the said undertaking to EBS Building Society and in particular failed to register a first legal mortgage against the property in favour of EBS Building Society,
25) Dishonestly caused or permitted an undertaking to be given on behalf of his practice to Irish Nationwide Building Society on 29 March 2007 in respect of a loan to him in the amount of in or about €4,545,000 and secured in part on 102 Boot Road in circumstances where prior undertakings given by his practice in respect of the property remained outstanding and further failed to comply with the terms of the said undertaking by failing to execute and register a first legal mortgage against the said property in favour of Irish Nationwide Building Society,
26) Dishonestly sought to mislead Irish Nationwide Building Society by writing to Irish Nationwide Building Society by letter dated 18 October 2007 undertaking to complete the certificate of title and to comply with the undertaking given to Irish Nationwide Building Society dated 29 March 2007, which referred to Irish Nationwide Building Society obtaining a first legal mortgage in respect of 102 Boot Road, knowing that similar undertakings had been given by his practice to ACC Bank and EBS Building Society and further in circumstances where he had personally secured a loan of €9 million secured in part on 102 Boot Road from IIB Bank on 7 September 2007 on foot of a further undertaking furnished by his practice,
27) Dishonestly offered 102 Boot Road as security for his personal borrowings, knowing that the property was the subject of multiple prior undertakings to other financial institutions, which remained outstanding,
28) Dishonestly obtained a loan from IIB Bank in the amount of €9,000,000 on or about 7 September 2007, secured in part on 102 Boot Road, on foot of an undertaking given by his practice to the said bank dated 6 September 2007 in circumstances where the property had previously been offered as security for loans from other financial institutions and in respect of which undertakings given by his practice to register charges against the property in favour of those financial institutions remained outstanding,
29) Dishonestly obtained a loan from Irish Nationwide Building Society in the amount of €4,545,000 on or about 30 March 2007, secured in part on 102 Boot Road, on foot of an undertaking given by his practice to the said bank dated 29 March 2007 in circumstances where the property had previously been offered as security for loans from other financial institutions and in respect of which undertakings given by his practice to register charges against the property in favour of those financial institutions remained outstanding,
30) Dishonestly obtained loans from Bank of Scotland in the amounts of €3,550,000 and €450,000, secured in part on 102 Boot Road, on or about 1 December 2004 on foot of an undertaking given by his practice to the said bank on 29 November 2004 in circumstances where the property had previously been offered as security for loans from other financial institutions and in respect of which undertakings given by his practice to register charges against the property in favour of those financial institutions remained outstanding,
31) Dishonestly obtained a loan from EBS Building Society in the amount of €945,000, secured in part on 102 Boot Road, on foot of an undertaking given by his practice dated 3 June 2004 in circumstances where the property had previously been offered as security for a loan to a third party from another financial institution and in respect of which an undertaking to register a charge given by his practice against the property in favour of that financial institution remained outstanding,
32) Failed to ensure the payment of stamp duty in respect of the sale of 102 Boot Road on or about 10 October 2002,
33) Failed to ensure the payment of stamp duty on time and within 30 days of the completion of the purchase of 102 Boot Road by a client on or about 4 August 2000,
34) Failed to maintain any or any proper records in relation to the payment of stamp duty on transactions involving 102 Boot Road,
35) Failed to maintain adequate client and accounting records in respect of transactions involving the property known as Otterbrook, Kilquade, Co Wicklow (Otterbrook),
36) Failed to ensure the payment of stamp duty on time and within 30 days of the completion of the purchase of Otterbrook by a client in or about November 2002,
37) Failed to maintain any or any adequate vouching documentation in respect of the payment of stamp duty in respect of the said purchase of Otterbrook by the same client,
38) Dishonestly caused or permitted multiple undertakings to be given by his practice to multiple financial institutions in respect of borrowings of the same client secured/secured in part on Otterbrook, in circumstances where prior and conflicting undertakings were outstanding and charges in favour of financial institutions were not registered against the said property,
39) Failed to comply with undertakings given by him in respect of loans advanced to the same client by ACC Bank (dated 12 August 2003 and 20 June 2007 – loans of €746,218.37 and €1 million), EBS Building Society (dated 28 May 2003 and 31 January 2005 – loans of €1 million and €3 million) and Irish Nationwide Building Society (dated 20 December 2006 – loan of €1,500,000) by failing to register first legal mortgages/charges in favour of the said financial institutions against Otterbrook in accordance with the terms of the said undertakings,
40) Dishonestly gave an undertaking to EBS Building Society, dated 26 June 2007, in respect of a loan to the same client in the amount of €1,500,000, secured in part on Otterbrook, in which he undertook to hold all documents of title on accountable trust receipt from EBS Building Society and to return all title documents to EBS Building Society as soon as possible or on demand, in circumstances where the said undertaking was in direct conflict with an undertaking he had given to ACC Bank six days earlier, dated 20 June 2007, by which he undertook to secure a first legal mortgage for ACC Bank against Otterbrook and hold all title documents in trust for ACC Bank,
41) Dishonestly gave undertakings to Ulster Bank Ireland Limited, dated 10 March 2004 and 1 April 2004, in respect of a loan advanced to the same client in the amount of in or about €1,400,000, secured in part on Otterbrook, by which his practice confirmed to the bank that the title to the said property was unencumbered and undertook if required to attend to the registration of a first legal charge of Ulster Bank Ireland Limited on the property, in circumstances where he/his practice had given prior undertakings to other financial institutions to register first legal mortgages against the said property, which remained outstanding,
42) Failed to maintain adequate client and accounting records in respect of transactions involving The Lodge (St Mary’s), Blackberry Lane, Delgany, Co Wicklow (The Lodge),
43) Dishonestly caused or permitted multiple undertakings to be given by his practice to multiple financial institutions in respect of borrowings of a client secured/secured in part on The Lodge, in circumstances where prior undertakings remained outstanding and charges in favour of financial institutions were not registered against the said property,
44) Failed to comply with an undertaking given to EBS Building Society dated 31 January 2005 in respect of a loan advanced to the same client, secured in part on The Lodge, in the amount of €3 million and in particular failed to register a first legal mortgage/charge in favour of EBS Building Society against the said property in accordance with the terms of the said undertaking,
45) Dishonestly gave an undertaking to Ulster Bank Ireland Limited, dated 27 July 2007, in respect of loans advanced to the same client in the amounts of €1,400,000 and €1,300,000 and secured in part on The Lodge, in which he undertook to hold all documents of title for The Lodge to the order of Ulster Bank Ireland Limited pending completion of the sale of the property, in circumstances where the said undertaking was in direct conflict with an undertaking given by him to EBS Building Society, dated 26 June 2007, in respect of a loan advanced to the same client in the amount of €1,500,000, secured in part on The Lodge, by which his practice undertook to hold the documents of title for The Lodge on accountable trust receipt to EBS Building Society,
46) Failed to maintain adequate client and accounting records in respect of transactions involving 14 Liberty View, Pim Street, Dublin 8 (14 Liberty View),
47) Dishonestly caused or permitted multiple undertakings to be given by his practice to multiple financial institutions in respect of borrowings of a client secured/secured in part on 14 Liberty View, in circumstances where prior undertakings remained outstanding and charges in favour of financial institutions were not registered against the said property,
48) Failed to comply with an undertaking given by him, dated 22 September 2005, to National Irish Bank in respect of a loan advanced to the same client in the amount of €2 million and an overdraft facility in the amount of €2 million secured in part on 14 Liberty View, and in particular failed to register a first legal mortgage/charge against the said property in favour of National Irish Bank in accordance with the terms of the said undertaking,
49) Failed to comply with an undertaking given by him, dated 22 November 2005, to EBS Building Society in respect of a loan advanced to him personally in the amount of €1,607,000, secured in part on 14 Liberty View, and in particular failed to register a first legal mortgage/charge against the said property in favour of EBS Building Society in accordance with the terms of the said undertaking,
50) Dishonestly caused or permitted the undertaking dated 22 November 2005 to be given to EBS Building Society, which said undertaking required him to secure a first legal mortgage/charge on 14 Liberty View for EBS Building Society in circumstances where, eight days previously, his practice had given an undertaking to Bank of Scotland, dated 14 November 2005, in relation to a loan also secured in part on 14 Liberty View, by which his practice undertook not to do any act that would enable the property to be mortgaged or assigned without the consent of Bank of Scotland,
51) Dishonestly obtained a loan from EBS Building Society on or about 25 November 2005 in the amount of €1,607,000, secured in part on 14 Liberty View, in circumstances where he was not at that time the owner of the said property or, in the alternative, failed to maintain any client or accounting records in relation to the transfer of the property to him,
52) Dishonestly caused or permitted multiple undertakings (dated 22 November 2005, 31 January 2007, 25 June 2007 and 8 August 2007) to be given by his practice to EBS Building Society in relation to loans advanced to him personally and secured in part on 14 Liberty View, by which he undertook that a first legal mortgage would be registered in favour of EBS Building Society against the said property and further undertook that his practice would hold the documents of title on accountable trust receipt from EBS Building Society in circumstances where he knew/ought to have known that prior undertakings had been given by his practice in relation to the borrowings of a client also secured in part on 14 Liberty View,
53) Allowed continuing deficits on the client account of in or around €5,793,948 at 30 April 2006, in or around €6,867,015 at 31 July 2006 and in or around €7,085,276 at 31 August 2006,
54) Caused or permitted deficits to arise on the client account at 30 April 2006 through the use of client monies in a manner not permitted by the Solicitors’ Accounts Regulations (the regulations),
55) Allowed a deficit on the client account of in or around €185,000 as of 31 May 2007,
56) Dishonestly sought to conceal/permit the concealment of the fact that a deficit had arisen on the client account as of 31 May 2007 and did so by causing or permitting the transfer of funds into the client account on or about 31 May 2007, which represented a date in respect of which an accounting report was required to be drawn up and filed with the Law Society,
57) Failed to ensure payment of stamp duty on transactions in respect of which his practice acted and/or failed to maintain proper client and accounting records of payment of stamp duty,
58) Caused or permitted flagrant and widespread breaches of the regulations in the keeping of the accounts of his practice,
59) Allowed debit balances to arise on the client account in the amount of approximately €185,000 at 31 May 2007, in breach of regulation 7(2)(a) of the regulations,
60) Used client monies in a manner not permitted by regulation 7 of the regulations,
61) Used client monies for his own personal use in breach of regulation 7(2)(b) of the regulations and/or used client monies for other clients and failed to properly account for such use, in breach of regulation 7(1)(a)(i) and 7(1)(a)(ii) of the regulations,
62) Failed to maintain adequate client and accounting records, in breach of regulation 12, and in particular in breach of regulation 12(1), 12(2), 12(3)(a) and 12(3)(b) of the regulations,
63) Used suspense accounts in breach of regulation 12(1) and 12(2) of the regulations,
64) Failed to maintain accounting records of each client matter and all documents generated in the course of each client matter, in breach of regulation 20(1)(h) of the regulations.
The tribunal ordered the Law Society to bring the report of the tribunal in respect of the respondent solicitor before the High Court, with recommendations that the respondent solicitor be struck off the Roll of Solicitors, pay a monetary penalty of €1,000,000, and pay the whole of the costs of the Law Society to be taxed in default of agreement.
On 16 June 2008, the President of the High Court ordered:
i) That the name of the respondent solicitor be struck off the Roll of Solicitors,
ii) That the respondent solicitor pay a monetary penalty of €1,000,000 to the Law Society, and
iii) That the Law Society recover from the respondent solicitor the costs of the proceedings before the Solicitors Disciplinary Tribunal and the costs of the application to the High Court when taxed in default of agreement.
More Details
Michael Lynn
Capel Law, Unit 5, The Capel Buildings, Mary’s Abbey, Dublin 7
23/05/2008
In the matter of Michael Lynn, a solicitor formerly practicing under the style and title of Capel Law, Unit 5, The Capel Buildings, Mary’s Abbey, Dublin 7, and in the matter of the
Solicitors Acts 1954-2002 [7153/DT115/08 and 7153/DT16/08 and High Court record no. 2007/50SA and 2008/32SA]
Law Society of Ireland (applicant}
Michael Lynn (respondent solicitor)
On 23 May 2008, the President of the High Court ordered that the name of the respondent solicitor be struck off the Roll of Solicitors.
More Details
Joseph Fahey
Ballygar Road, Mountbellew, Co Galway
07/04/2008
In the matter of Joseph Fahey, solicitor, of Ballygar Road, Mountbellew, Co Galway, and in the matter of the
Solicitors Acts 1954-2002 [6687/DT68/06 and High Court record no 2SA 2008]Law Society of Ireland (applicant)
Joseph Fahey (respondent solicitor)
On 6 November 2007, the Solicitors Disciplinary Tribunal found the respondent solicitor guilty of misconduct in his practice as a solicitor in that:
a) At the early stages of the investigation, it was not possible to determine the true clients’ fund position because the books of account were in arrears. The accountant’s report for 28 February 2003 showed a deficit of €270,083 as of the reporting date. This deficit was mainly caused by debit balances. The accountant’s report for the year ended 29 February 2004 showed a deficit in client funds of €116,103 at the date, again mainly caused by debit balances. The accountant’s report for the year ended 28 February 2005 showed a deficit in client account of €64,216 as of the reporting date.
b) Subject to the matters set out in paragraph 2.2 of the investigating accountant’s report, there was an apparent deficit of €32,687 in the client account as of 31 August 2005.
c) Debit balances amounted to €32,687 as of the date of 31 August 2005.
d) In June 2004, the books of account were almost two years in arrears. Since October 2004, the books were written up by a very competent bookkeeper and at the time of the investigation they were approximately five weeks in arrears.
e) In a purchase by a named client from a named vendor, the stamp duty amounted to €5,142. Interest and penalties were avoided because the transfer deed was ‘updated’ to 12 May 2004, although the purchase closed in January 2002.
f) In another purchase by the aforementioned named client, it would appear that stamp duty at 9% plus interest and penalty may have been avoided because the deed was ‘updated’ from on or about 30 October 2001 to 20 November 2002.
g) In the course of acting for a named client in relation to a purchase of property, interest and penalty on stamp duty of €7,140 were avoided because the transfer deed was ‘updated’ from in or about September 2003 to 20 August 2004.
h) In the course of acting for a named client in relation to the purchase of a property, interest and penalty on stamp duty of €9,560 were avoided because the transfer deed was ‘updated’ from 2 February 2004 to 4 April 2005.
i) In the course of acting for two named clients in relation to the purchase of one site each, interest and penalty on the stamp duty amounts of €1,125 were avoided because the transfer deeds were ‘updated’ from in or about August 2004 to 20 April 2005 and 25 August 2005 respectively.
j) The solicitor acted for a named builder in relation to the sale of new houses, and in six cases he also acted for the purchasers of the houses, in breach of the Solicitors (Professional Practice Conduct and Discipline) Regulations of 1997 (SI no 85 of 1997).
The tribunal directed that the matter be referred forward to the High Court and, on 7 April 2008, the President of the High Court ordered, pursuant to section 8 of the Solicitors (Amendment) Act 1960, as substituted by section 18 of the Solicitors (Amendment) Act 1994 and amended by section 9 of the Solicitors (Amendment) Act 2002:
i) That the respondent solicitor should not be permitted to practise as a sole practitioner or in partnership, that he be permitted only to practise as an assistant solicitor under the direct control and supervision of another solicitor of at least ten years’ standing, to be approved in advance by the Law Society of Ireland,
ii) That the respondent solicitor do deliver to Fair & Murtagh Solicitors all or any documents, files and papers in his possession or within his procurement arising from his practice as a solicitor, including all ledger cards and funds held for and on behalf of clients files,
iii) That the Law Society do recover the costs of the proceedings in the High Court and the costs of the proceedings before the Solicitors Disciplinary Tribunal.
More Details
