In the matter of Patrick Delaney a solicitor previously practising as Patrick Delaney Solicitors, Parkside House, Castleknock, Dublin 15, and in the matter of the Solicitors Acts 1954-2015 [2023 no 52 SA]

Take notice that, by order of the President of the High Court made on 10 July 2023, it was ordered that the name of Patrick Delaney be struck from the Roll of Solicitors.

In the matter of Rody Kelly Corrigan, a solicitor previously practising as Rody Kelly Corrigan, Solicitors, at The Glass House, 11 Coke Street, Smithfield, Dublin 7, and in the matter of the Solicitors Acts 1954-2015 [2023 no 26 SA]

 Take notice that, on 5 July 2023, the President of the High Court ordered that Rody Kelly Corrigan be suspended from practice for 12 months from 27 April 2023.

Published June 2023 Gazette

THE HIGH COURT: 2023 NO 21 SA

In the matter of Edward O’Brien, a solicitor previously practising as Edward O’Brien Solicitors, 8A The Village Centre, Lucan, Co Dublin

Law Society of Ireland (applicant)

Edward O’Brien (respondent solicitor)

Take notice that, by order of the President of the High Court made on 8 May 2023, it is ordered that Edward O’Brien, solicitor, previously practising as Edward O’Brien Solicitors, 8A The Village Centre, Lucan, Co Dublin, be suspended from practice and be prohibited from holding himself out as a solicitor entitled to practise until further order of the court.

Niall Connors, Registrar of Solicitors, Law Society of Ireland,

May 2023

In the matter of Christopher Walsh, a solicitor practising as Christopher B Walsh, Solicitors, 90 Park Drive Avenue, Castleknock, Dublin 15, and in the matter of the Solicitors Acts 1954-2015[2021/DT06 and High Court 2023/3 SA]

Law Society of Ireland (applicant)

Christopher Walsh (respondent solicitor)

The matter came before the High Court on 8 May 2023, and the court ordered that:

1)   The respondent solicitor not be permitted to practise as a sole practitioner or in partnership and that he be permitted only to practise as an assistant solicitor in the employment and under the direct control and supervision of another solicitor of at least ten years’ standing, to be approved in advance by the applicant,

2)   The respondent solicitor pay the sum of €7,551.50 as a contribution towards the costs of the applicant in the tribunal proceedings,

3)   The respondent solicitor pay the sum of €2,000 to the compensation fund,

4)   The respondent solicitor pay the sum of €3,700.50 to the Law Society for its costs of the High Court application.

In the matter of Patrick Delaney, a solicitor previously practising as Patrick Delaney, Solicitors, Parkside House, Castleknock, Dublin 15, and in the matter of the Solicitors Acts 1954-2015[2019/DT52 and 2020/DT08 and High Court 2023 no 52 SA]

Law Society of Ireland (applicant)

Patrick Delaney (respondent solicitor)

2019/DT52

On 30 March 2023, the tribunal found the respondent solicitor guilty of misconduct in his practice as a solicitor, in that he failed to ensure there was furnished to the Society an accountant’s report, as required by regulation 26 (1)of the Solicitors Accounts Regulations 2014 (SI 516 of 2014),for the year ended 5 December 2018 within six months of that date.

In the matter of Patrick Delaney, a solicitor previously practising as Patrick Delaney, Solicitors, Parkside House, Castleknock, Dublin 15, and in the matter of the Solicitors Acts 1954-2015[2019/DT52 and 2020/DT08 and High Court 2023 no 52 SA]

Law Society of Ireland (applicant)

Patrick Delaney (respondent solicitor)

2020/DT08

On 30 March 2023, the tribunal found the respondent solicitor guilty of misconduct in his practice as a solicitor, in that he:

1)      Caused an actual deficit in client funds of €1,530,566.16 as of 2 September 2019, with a further potential deficit of €767,401.76 being identified, making an apparent deficit of €2,297,967.91 in client funds as of 2 September 2019,

2)      Misappropriated client funds by engaging in a process of teeming and lading,

3)      Failed to lodge client monies received to the client’s bank account,

4)      Made unauthorised withdrawals from the client bank account,

5)      Made unauthorised transfers to ledger cards of unrelated clients,

6)      Transferred professional fees when not in funds to do so,

7)      Delayed in redeeming mortgages, as the relevant money for this purpose was misappropriated and redemption was not possible until further unrelated money was received,

8)      Allegedly failed to stamp and register deeds,

9)      Misappropriated monies belonging to clients by way of payment to gambling websites,

10)  Made unauthorised withdrawals by way of cash totalling €28,870 from the client bank account,

11)  Failed to keep proper books of accounts, in breach of regulation 13 of the Solicitors Accounts Regulations,

12)  Was in breach of the Solicitors Accounts Regulations, including regulations 4(1), 6(5), 7(1), 9(4), 11(4), 12(1), 25, and 26,

13)  Caused claims of €3,472,045.74 to be made on the compensation fund up to 5 May 2020, with payments of €925,457.46 being discharged as at that date.

The tribunal directed that the Society bring its findings and reports before the High Court and, on 10 July 2023, the court ordered that:

1)      The respondent solicitor’s name be struck off the Roll of Solicitors,

2)      The respondent solicitor pay the sum of €11,000 to the compensation fund,

3)      The respondent solicitor pay €1,500,000 as restitution to the applicant,

4)      The respondent solicitor pay €9,786 as a contribution towards the whole of the costs of the applicant in the tribunal proceedings,

5)      The respondent solicitor pay the applicant the sum of €3,604, representing the applicant’s costs of the High Court application.

In the matter of Michael Malone, a solicitor practising as Michael Malone & Co, Solicitors, 8A Blarney Shopping Centre, Blarney, Co Cork, and in the matter of the Solicitors Acts 1954-2015[2021/DT07]

Law Society of Ireland (applicant)

Michael Malone (respondent solicitor)

On 2 March 2023, the Solicitors Disciplinary Tribunal found the respondent solicitor guilty of professional misconduct, in that he:

1)        Failed to comply with an undertaking furnished to a named bank on 31 August 2015 on behalf of his named clients and property in Cork City in a timely manner or at all,

2)        Failed to comply with a direction of the Complaints and Client Relations Committee, made at its meeting on 11 February 2021 and communicated to him by letter dated 12 February 2021, that he provide certain documentation to the Society,

3)        Failed to respond to the following letters from the Society, in a timely matter or at all: letters dated 15 May 2019, 7 June 2019, 26 June 2019, 22 October 2019, 12 November 2019, 7 April 2020 (incorrectly dated 24 March 2020), 5 May 2020, 9 October 2020, 12 February 2021, 9 March 2021, 23 April 2021, 27 May 2021, 10 June 2021, and 28 June 2021.

The tribunal ordered that the respondent solicitor:

1)      Stand censured,

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

3)      Pay the sum of €2,712 as a contribution towards the whole of the costs of the applicant or of any person appearing before the tribunal, as taxed by a taxing master of the High Court in default of agreement.

In the matter of Donal Chambers, a solicitor formerly practising as Chambers Law, ‘The Lamp’, No 1 Bridge Street, Kilcock, Co Kildare, and in the matter of the Solicitors Acts 1954-2015[2019/DT65]

Law Society of Ireland (applicant)

Donal Chambers respondent solicitor)

On 29 November 2022, the Solicitors Disciplinary Tribunal found the respondent solicitor guilty of professional misconduct, in that he:

1)   Continued to practise as a solicitor after 31 May 2018, being the date of the cessation of his practice as notified by his accountants and subsequently confirmed by him to the Society,

2)   As principal of a firm, did not provide to the Society evidence that the firm had established and was maintaining qualifying insurance for the indemnity period starting on 1 December 2018, as required by regulation 4(k) of the regulations,

3)   As principal of a firm, carried on a practice from 1 January 2019 without a valid practising certificate in place, as required by regulation 3(a) of the regulations.

The tribunal ordered that the respondent solicitor:

·      Stand censured,

·      Pay a sum €3,000 to the compensation fund,

·      Pay the sum of €3,024 as a contribution towards the whole of the costs of the applicant.

In the matter of Gail Enright, a solicitor formerly practising in Michael Enright & Co, Solicitors, 28 South Mall, Cork, and in the matter of the Solicitors Acts 1954-2015[2018/DT85 and High Court record 2022/198SA]

Law Society of Ireland (applicant)

Gail Enright (respondent solicitor)

On 8 June 2022, the Solicitors Disciplinary Tribunal found the respondent solicitor guilty of misconduct, in that she:

1)             Dishonestly caused or improperly allowed deficits on the client account by transfers of client moneys to the office account, including:

a)        An improper transfer of €6,949 from the client account to the office account on 1 May 2015 as fees and VAT for a named account, when there were no funds received into the client account in respect of this transaction,

b)        An improper transfer on 25 May 2015 of the amount of €4,205 as fees and VAT, when there were no funds in the client account in respect of this transaction,

c)        An improper transfer on 4 April 2016 of €18,450 from the client account to the office account as fees and VAT for a named account, when there were no funds in the client account in respect of this transaction,

d)        An improper transfer on 3 October 2016 in the amount of €19,272 from the client account to the office account as fees and VAT for a named account, when there were no funds received into the client account in respect of this transaction, and

e)        Improper transfers between October 2015 and August 2016 totalling €35,545 from a contract deposit received from a named party, and

2)             Attempted to conceal or permitted the attempt to conceal any and/or all of the deficits at allegation (1) above by rectifying deficits in or around account reporting date(s),

3)             Dishonestly caused and/or improperly allowed transfers from the estate of a named party, giving rise to a deficit of client funds, to include:

a)             Transfer on 1/5/2015 of €12,300, and/or

b)             Transfer on 2/6/2015 of €9,225, and/or

c)             Transfer on 12/6/2015 of €6,150, and/or

d)             Transfer on 2/11/2015 of €6,765, and/or

e)             Transfer on 4/11/2015 of €10,455, and/or

f)              Transfer on 9/11/2015 of €6,150, and/or

g)             Transfer on 16/11/2015 of €5,535, and/or

h)             Transfer on 16/12/2016 of €6,765, and/or

i)              Transfer on 23/5/2016 of €18,450,

Total:     €81,795.

4)             Attempted to conceal deficits on a named estate by creating or causing to be created false copies of a letter of 9 December 2013 addressed to the beneficiaries containing a fee estimate of €85,000, plus VAT, for the named estate,

5)             Dishonestly caused and/or improperly allowed the taking of fees from a contract deposit of €44,426 received on 1 October 2015 in respect of the purchase of a commercial property by a named client:

a)      1/10/2015                 €4,059, and/or

b)      14/10/2015               €1,968, and/or

c)      14/10/2015               €2,429, and/or

d)      14/10/2015               €799, and/or

e)      11/12/2015               €9,840, and/or

f)       14/12/2015               €1,180, and/or

g)      21/12/2015               €2,460, and/or

h)      16/5/2016                 €6,765, and/or

i)       2/6/2016                   €6,150,

Total:                             €35,650.

6)             Dishonestly caused and/or improperly allowed transfers from a named estate, giving rise to a deficit of client funds of in or around €30,000,

7)             Caused or permitted serious breaches of the Solicitors Accounts Regulations 2014:

a)        Breach of regulation 7, whereby funds were transferred from the client account to the office account as professional fees, which were not properly available to be applied in satisfaction of professional fees,

b)        Breach of regulation 7, in that debit balances were allowed to arise on individual client ledgers,

c)        Breach of regulation 8, in that withdrawals were effected from the client account to the office account, not in accordance with regulation 7,

d)        Breach of regulation 11, by reason of failure to furnish bills of costs in respect of the funds transferred from the client account to the office account,

e)        Breach of regulation 11, arising from the withdrawal of money from the client account as provided for in regulation 8(2) in respect of professional fees or outlays not properly payable to the solicitors at the time of such withdrawal,

f)         Breach of regulation 12, in that the solicitor failed to maintain books of account that showed the true financial position in relation to the solicitor’s transactions with clients’ moneys.

The matter came before the High Court and, on 21 November 2022, the High Court ordered that:

1)   The name of the respondent solicitor be struck from the Roll of Solicitors,

2)   The respondent solicitor pay a contribution in the sum of €5,000 to the applicant towards its costs and outlay for the Solicitors Disciplinary Tribunal proceedings, by way of four yearly instalments of €1,250,

3)   The respondent solicitor pay the applicant its measured costs and outlay of the within application in the sum of €6,000, by way of four yearly instalments of €1,500.

In the matter of Christopher Walsh, a solicitor practising as Christopher B Walsh, Solicitors, 90 Park Drive Avenue, Castleknock, Dublin 15, and in the matter of the Solicitors Acts 1954-2015[2021/DT06 and High Court 2023/3 SA]

Law Society of Ireland (applicant)

Christopher Walsh (respondent solicitor)

On 3 November 2022, the tribunal found the respondent solicitor guilty of misconduct in that he:

1)      Failed to comply with an undertaking given by him, dated 28 March 2003, on behalf of his named client/borrower over a named property, given to a named bank to complete the legal formalities in relation to the contract for sale of the property, insofar as to ensure that his client would obtain a good marketable title to the property free from incumbrances, save for the bank’s mortgage/charge and pending completion of the transaction above and the receipts of the documents of title, to hold the said documents in title in trust for the bank and to their order, and to deliver them to the bank or on the bank’s earlier demand,

2)      Failed to reply adequately or at all to the applicant’s correspondence, in particular letters dated 1 May 2019, 25 June 2019, 5 July 2019, 28 August 2019, 15 October 2019, 4 December 2019, 25 September 2019, 13 November 2020, 12 February 2021, and 23 July 2021.