In the matter of Ian McSweeney, a solicitor practising as McSweeney Solicitors, 2 Capel Street, Dublin 1, and in the matter of the Solicitors Acts 1954-2015 [2019/DT47]

Law Society of Ireland (applicant)

Ian McSweeney (respondent solicitor)

On 5 March 2020, the Solicitors Disciplinary Tribunal found the respondent solicitor guilty of professional misconduct in his practice as a solicitor in that he:

1)      Failed to respond to letters from the Society – dated 17 October 2018, 20 November 2018, 12 December 2018, 10 January 2019, 17 January 2019 and 7 February 2019 – in a timely manner, within the time provided, or at all,

2)      Failed to attend meetings of the Complaints and Client Relations Committee on 5 February 2019 and 14 March 2019, despite being required to do so,

3)      Failed to comply with the High Court order dated 8 April 2019 to reply to the complaint of his named client within seven days of that date,

4)      Failed to inform his client of a hearing date and no legal representation attended the hearing, resulting in costs awarded against his client.

The tribunal ordered that the respondent solicitor:

1)      Be censured,

2)      Pay the sum of €3,200 to the compensation fund,

3)      Pay the sum of €1,812 as a contribution towards the whole of the costs of the applicant.

And the tribunal required that the respondent solicitor provide the following undertaking to the applicant Law Society and the Solicitors Disciplinary Tribunal in the following terms:

1)      To reply to any correspondence received from the applicant and/or the Legal Services Regulatory Authority within 14 days of the date of the letter,

2)      To engage in a meaningful and constructive way with the applicant and/or the Legal Services Regulatory Authority with regard to correspondence and any requirement to attend meetings of either body,

3)      To attend a practice management course for a minimum of five hours’ duration, within six months of 5 March 2020, and to provide details of the said course to the applicant in advance of same, and evidence of attendance to the applicant within 14 days of completion,

4)      The said course attendance to be in addition to the respondent solicitor continuing professional development requirements for 2020.

The tribunal directed that the duration of undertakings (1) and (2) continue for three years from 5 March 2020.

In the matter of Barry G O’Meara, a solicitor practising as Barry G O’Meara & Co, Solicitors, at Pembroke House, Pembroke Street, Cork, and in the matter of the Solicitors Acts 1954-2015 [2018/DT27]

Law Society of Ireland (applicant)

Barry G O’Meara (respondent solicitor)

On 30 January 2020, the Solicitors Disciplinary Tribunal found the respondent solicitor guilty of professional misconduct in that he:

1) Failed to comply expeditiously, within a reasonable time, or at all with three undertakings, each dated 23 September 2010, furnished by him on behalf of his named clients on 23 September 2010 to the named complainant in respect of a named client and in respect of the property,

2) Failed to reply adequately or at all to correspondence from the Society and, in particular, letters dated 24 October 2016, 22 November 2016, 13 January 2017 and 7 March 2017,

3) Failed to comply adequately or at all with the directions of the Complaints and Client Relations Committee made at its meeting on 23 May 2017,

4) Failed to reply adequately or at all to the complainant’s correspondence.

The tribunal ordered that the respondent solicitor:

1) Stand advised and admonished,

2) Pay the sum of €500 to the compensation fund,

3) Pay the sum a €2,112 as a contribution towards the whole of the costs of the applicant.

In the matter of Oisin Murphy, a solicitor practising as Oisin Murphy, Station House, Station Road, Shankill, Dublin 18, and in the matter of the Solicitors Acts 1954-2015 [2019/DT42]

Law Society of Ireland (applicant)

Oisin Murphy (respondent solicitor)

On 14 January 2020, the Solicitors Disciplinary Tribunal found the respondent solicitor guilty of professional misconduct in that he failed to ensure that there was furnished to the Society an accountant’s report, as required by regulation 26(1) of the Solicitors Accounts Regulations (SI 516 of 2014), for the year ended 31 July 2018 within six months of that date.

The tribunal ordered that the respondent solicitor:

1) Stand advised and admonished,

2) Pay the sum of €2,000 to the compensation fund,

3) Pay the sum a €760 as a contribution towards the whole of the costs of the applicant.

In the matter of Oisin Nolan, a solicitor practising as Oisin Nolan, Richmond House, 15A Main Street, Blackrock, Co Dublin, and in the matter of the Solicitors Acts 1954-2015 [2019/DT26]

Law Society of Ireland (applicant)

Oisin Nolan (respondent solicitor)

On 14 January 2020, the Solicitors Disciplinary Tribunal found the respondent solicitor guilty of professional misconduct in that he failed to cooperate with the investigation of his practice by failing to furnish a full response to all the matters raised by the Society’s investigating accountant and the report on his practice dated 30 May 2018.

The tribunal ordered that the respondent solicitor:

1) Stand advised and admonished,

2) Pay the sum of €1,512 as a contribution towards the whole of the costs of the applicant.

In the matter of Eamonn Moloney, solicitor, formerly practising as Eamonn Moloney & Co, Solicitors, 1/2 Anglesea Street, Cork, and in the matter of an application by the Law Society of Ireland to the Solicitors Disciplinary Tribunal and in the matter of the Solicitors Acts 1954-2015 [2018/DT79; 2019/DT23; and High Court record 2019/135 SA]

Law Society of Ireland (applicant)

Eamonn Moloney (respondent solicitor)

2019/DT 23

On 24 October 2019, the Solicitors Disciplinary Tribunal found the respondent solicitor guilty of misconduct in his practice as a solicitor in that he failed to ensure that there was furnished to the Society an accountant’s report for the year ended 31 July 2018 within six months of that date, in breach of regulation 26(1) of the Solicitors Accounts Regulations 2014 (SI 516 of 2014).

2018/DT 79

On 31 October 2019, the Solicitors Disciplinary Tribunal found the respondent solicitor guilty of misconduct in his practice as a solicitor in that he failed to ensure that there was furnished to the Society an accountant’s report for the year ended 31 July 2017 within six months of that date, in breach of regulation 26(1) of the Solicitors Accounts Regulations 2014.

The tribunal ordered that the matters go forward to the High Court and, on 13 January 2020, the High Court ordered that:

1)  The respondent solicitor be suspended from practice as a solicitor with immediate effect until such time as he has fully complied with the provisions of the Solicitors Accounts Regulations 2014by furnishing to the Law Society his accountant’s reports for financial years ended 31 July 2017 and 31 July 2018 respectively,

2)  The respondent solicitor pay the measured costs of the Solicitors Disciplinary Tribunal proceedings and the High Court proceedings in the total amount of €5,874.36.

In the matter of John B O’Connor, solicitor, practising as John B O’Connor & Co, Solicitors, 37 Upper Mount Street, Dublin 2, and in the matter of the Solicitors Acts 1954-2015 [2018/DT57]

Law Society of Ireland (applicant)

John B O’Connor (respondent solicitor)

On 19 November 2019, the Solicitors Disciplinary Tribunal found the respondent solicitor guilty of misconduct in that he:

1) Failed to transmit all requested documents of title and files belonging to named complainants, despite being requested to do so        by the named complainants,

2) Failed to comply with the direction of the Complaints and Client Relations Committee dated 7 March 2017, whereby he was              directed to hand over all files requested by the named complainants, either originals or, if not possible, complete copy files,

3) Failed to comply with the direction of the Complaints and Client Relations Committee at its meeting on 29 May 2017, whereby he      was again directed to forward original files and documents or, if the originals were not available, complete copy files and                  documents to the named complainants,

4) Failed to reply adequately or all to the Society’s correspondence and, in particular, letters dated 8 September 2016, 29                    September 2016, 2 December 2016, 15 December 2016, 13 January 2017, 10 February 2017, 9 March 2017, 4 April 2017, 11          May 2017, 25 May 2017, 19 July 2017, 15 August 2017, 14 September 2017, 4 October 2017, 9 January 2018 and 16 January          2018, respectively,

5) Failed to attend a meeting of the complainants and Client Relations Committee on 7 March 2017, despite being required to do so,

6) Failed to attend a meeting of the Complaints and Client Relations Committee on 9 May 2017, despite being required to do so,

7) Failed to attend a meeting of the Complaints and Client Relations Committee on 24 October 2017, despite being required to do so,

8) Failed to attend a meeting of the Complaints and Client Relations Committee of 8 February 2018, despite being required to do so.

The tribunal ordered that the respondent solicitor:

1) Stand censured,

2) Pay the sum of €7,500 to the compensation fund,

3) Pay the sum of €4,909 as a contribution towards the whole of the costs of the Law Society of Ireland.

In the matter of Mark Edmund Doyle, Mark Newman, and Michael Doyle, formerly practising under the style of Actons Newman, Newmount House, 22-24 Lower Mount Street, Dublin 2, and in the matter of the Solicitors Acts 1954-2015 [2018/DT94]

Law Society of Ireland (applicant)

Mark Edmund Doyle (first-named respondent solicitor)

Mark Newman (second-named respondent solicitor)

Michael Doyle (third-named respondent solicitor)

On 13 November 2019, the Solicitors Disciplinary Tribunal found the respondent solicitors guilty of professional misconduct in that they failed to ensure that there was furnished to the Law Society a final reporting accountant’s report, in breach of regulation 33(2) of the Solicitors Accounts Regulations 2014 (SI 516 of 2014).

The tribunal ordered that the respondent solicitors:

1)   Stand advised and admonished,

2)   That the first-named respondent solicitor pay a sum of €606 as a contribution towards the whole of the costs of the applicant,

3)   That the second-named respondent solicitor and the third-named respondent solicitor each pay a sum of €303 as a contribution towards the whole of the costs of the applicant.

In the matter of Mark Edmund Doyle, Mark Newman, and Michael Doyle, formerly practising under the style of Actons Newman, Newmount House, 22-24 Lower Mount Street, Dublin 2, and in the matter of the Solicitors Acts 1954-2015 [2018/DT94]

Law Society of Ireland (applicant)

Mark Edmund Doyle (first-named respondent solicitor)

Mark Newman (second-named respondent solicitor)

Michael Doyle (third-named respondent solicitor)

On 13 November 2019, the Solicitors Disciplinary Tribunal found the respondent solicitors guilty of professional misconduct in that they failed to ensure that there was furnished to the Law Society a final reporting accountant’s report, in breach of regulation 33(2) of the Solicitors Accounts Regulations 2014 (SI 516 of 2014).

The tribunal ordered that the respondent solicitors:

1)   Stand advised and admonished,

2)   That the first-named respondent solicitor pay a sum of €606 as a contribution towards the whole of the costs of the applicant,

3)   That the second-named respondent solicitor and the third-named respondent solicitor each pay a sum of €303 as a contribution towards the whole of the costs of the applicant.

In the matter of Mark Edmund Doyle, Mark Newman, and Michael Doyle, formerly practising under the style of Actons Newman, Newmount House, 22-24 Lower Mount Street, Dublin 2, and in the matter of the Solicitors Acts 1954-2015 [2018/DT94]

Law Society of Ireland (applicant)

Mark Edmund Doyle (first-named respondent solicitor)

Mark Newman (second-named respondent solicitor)

Michael Doyle (third-named respondent solicitor)

On 13 November 2019, the Solicitors Disciplinary Tribunal found the respondent solicitors guilty of professional misconduct in that they failed to ensure that there was furnished to the Law Society a final reporting accountant’s report, in breach of regulation 33(2) of the Solicitors Accounts Regulations 2014 (SI 516 of 2014).

The tribunal ordered that the respondent solicitors:

1)   Stand advised and admonished,

2)   That the first-named respondent solicitor pay a sum of €606 as a contribution towards the whole of the costs of the applicant,

3)   That the second-named respondent solicitor and the third-named respondent solicitor each pay a sum of €303 as a contribution towards the whole of the costs of the applicant.

In the matter of Ronan O’Brien, a solicitor practising as principal of Ronan O’Brien & Company, Solicitors, 69 Church Street, Cavan, Co Cavan, and in the matter of the Solicitors Acts 1954-2015 [2018/DT88]

Law Society of Ireland (applicant)

Ronan O’Brien (respondent solicitor)

On 7 November 2019, the tribunal found the respondent solicitor guilty of misconduct in that he, between March 2012 and February 2013, received a Social Welfare payment, to wit, Jobseekers Benefit, at a time when he ought to have known he was not entitled to receive such benefit.

The tribunal ordered that the respondent solicitor:

1) Stand censured,

2) Pay the sum of €3,000 to the compensation fund,

3) Pay a contribution of €4,000 towards the whole of the costs of the Law Society of Ireland.