All along the watchtower

Shane Dwyer lifts the lid on the operation of the Law Society’s regulatory and disciplinary functions with Eamonn Maguire

Shane Dwyer’s career has been shaped by a deep commitment to justice, professional ethics, and regulatory law.

The Tipperary man began his academic journey studying law and German at Trinity College Dublin and the University of Göttingen in Germany, before completing a master’s in human rights and humanitarian law at the University of Lund in Sweden.

His post-graduation path led him back to Ireland, where he honed his skills as a senior judicial assistant in the Courts Service, followed by six years as research counsel to the Morris Tribunal.

This landmark inquiry, which ran from 2003 to 2007, uncovered disturbing allegations of police corruption in Co Donegal, and it left a lasting mark on Shane’s perspective on professional integrity.

Reflecting on his time working in the tribunal, Shane explains: “This period was very influential in framing my view on the damage that can be done to the reputation of an organisation or profession when powers or privileges are abused, or where there is a circling of the wagons around conduct that falls seriously short of acceptable professional and ethical standards.”

Are you experienced?

With this formative experience, Shane’s career would take a path focused on strengthening professional accountability, eventually leading him to specialise in regulatory and administrative law.

After initially qualifying and practising as a barrister, Shane made a strategic shift in 2013, transitioning to become a solicitor.

“While I enjoyed the ‘cut and thrust’ of life in the district and criminal courts, when an opportunity to change profession presented itself, I was more than happy to go with it, and I’ve had no regrets since,” he says.

His move into private practice saw him earn his stripes with McDowell Purcell (now Fieldfisher), where he built his reputation in professional regulation and administrative law.

Shane presented cases as a solicitor advocate before the Fitness to Practise Committee of the Medical Council and acted for the Law Society in many cases before the Solicitors Disciplinary Tribunal.

He also advised the Bar Council and the Department of Justice ahead of the enactment of the Legal Services Regulation Act 2015 and worked on secondment at the Legal Services Regulatory Authority during its start-up phase.

After stints at DAC Beachcroft and Mason Hayes & Curran, Shane joined the Law Society. He was appointed as head of Regulatory Legal Services in 2022.

Castles made of sand

His approach to regulation is to strike the correct balance between the public interest in the efficient progression of regulatory processes, and the private interests of those who have been affected by regulatory outcomes.

“Although it’s imperative to build procedures that are robust and consistent, a regulator must always be sensitive to the circumstances of each regulatory case that comes before it. Each participant is entitled to fair procedures and to be treated with dignity and respect.

“With this in mind, decision-making processes must be fully informed and transparent, and regulatory outcomes must be reasoned and defensible.”

The Regulatory Legal Services (RLS) section of the Law Society, which was established in 2015 under the direction of Shane’s predecessor, Eugene O’Sullivan, provides in-house legal advice and litigation support to the Regulation Department, its regulatory committees, and the Law Society in general.

“Our day-to-day work is broad and varied,” says Shane. “Over the past few months, for example, our team has advised on issues concerning practising certificates, professional-indemnity insurance, sanctioning guidance, costs recovery, data privacy, anti-money-laundering, statutory interpretation, claims on the compensation fund, dormant balances, alternative business structures, cessation of practices, and the publication of disciplinary findings and regulatory warning notices.

“We also regularly make submissions on law reform. It’s a busy team that services the legal advisory needs of many sections within the Law Society, often acting as the information point to ensure that the left hand knows what the right hand is doing.”

Crosstown traffic

On top of the delivery of their in-house legal services, RLS’s solicitors present the majority of the Law Society’s regulatory cases directly, championing solicitor advocacy in the disciplinary tribunals and superior courts.

The December 2024 High Court judgment in Law Society v Cormac Lohan ([2024] IEHC 709) summarises many of the key principles and case law underpinning the Law Society’s role in the regulation of the solicitors’ profession.

RLS also manages cases where the Law Society is joined as an amicus curiae, obtaining the appreciation of the Supreme Court in the recent case of Kelly v UCD ([2025] IESC 6).

In addition to cases that result in findings of misconduct and related sanctions, the section also presents emergency applications to the High Court that result in the suspension of practising certificates and the taking up of client files and client monies.

This occurs in circumstances where the actions of a solicitor results in ongoing client-protection concerns. Shane notes other types of High Court applications that are particularly important – in both protecting the interests of clients, while also respecting the rights of solicitor colleagues.

“In less contentious cases, where there is no evidence of dishonesty and a solicitor has become unable to continue to practise, and has no realistic proposal of winding-up the practice in an orderly manner, RLS supports the Law Society’s Practice Closures section in securing High Court orders that are necessary to protect the interest of clients, where possible with the consent of the solicitor.”

Little wing

Ever focused on treating vulnerable solicitor colleagues with dignity and respect, Dwyer comments: “A number of such applications have proceeded over the past year with minimal publicity, and with appropriate levels of support provided to both the solicitor themselves and their clients, as required.

“Very often, these solicitors are elderly or incapacitated, and can be disinclined to reach out to colleagues for support and assistance. On some occasions, previous succession plans have failed.”

Shane, who is originally from Boherlahan, Co Tipperary, has a strong affinity with the role that the Law Society plays in supporting small practices in rural Ireland.

As he notes, “physical access to good-quality legal services plays a significant role in not only supporting the local economy and business community, but also in vindicating the rights of all members of society”.

Reflecting on his last few years as head of Regulatory Legal Services, Shane is typically measured and circumspect.

He notes that, in the same manner that the solicitors’ profession is held to increasingly high standards of performance to maintain the trust of clients, the Law Society is also held to higher standards in the performance of its statutory obligations by its solicitor members, the courts, and other organisations with oversight functions.

“Simply relying upon the view that ‘this is how we have always done things ’ is not good enough,” he says. “It’s important to anticipate potential weaknesses in processes before they become an issue that damages trust in the Law Society and the solicitors’ profession.

“We need to be transparent, embracing the role that the Law Society has always played as a thought leader in professional regulatory matters, ensuring that the profession maintains its status as one whose members can be trusted, to the ends of the earth.”

Eamonn Maguire is regulatory communications manager at the Law Society.