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 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 Philip Meagher, a solicitor practising as Midland Legal Solicitors, Fitzmaurice House, Bank Place, Portlaoise, Co Laois, and in the matter of the Solicitors Acts 1954-2015[2021/DT03]

Law Society of Ireland (applicant)

Philip Meagher (respondent solicitor)

On 3 November 2022, 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 2 July 2007 in respect his named clients and borrowers and property at Mountrath, Co Laois, in a timely or at all,

2)      Failed to respond to letters from the Society in a timely manner, within the time provided, or at all, dated 30 August 2013, 24 January 2014, 2 April 2014, 28 July 2014, 20 August 2014, 2 October 2014, 5 February 2015, 9 March 2015, 21 August 2015, 22 October 2015, 22 June 2016, 21 July 2016, 23 January 2017, 13 July 2017, 9 January 2018, 10 April 2018, 17 July 2018, and 1 November 2019.

The tribunal ordered that the respondent solicitor:

·      Stand advised and admonished,

·      Pay a sum of €4,000 to the compensation fund,

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

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 [2020/DT07]

Law Society of Ireland (applicant)

Barry G O’Meara (respondent solicitor)

On 3 November 2022, the Solicitors Disciplinary Tribunal found the respondent solicitor guilty of misconduct in his practice as a solicitor, in that he:

1)   Failed to comply with an undertaking furnished to a named financial institution on 5 March 2010 in respect of his named clients and borrowers and property at Churchfield, Cork, in a timely manner or at all,

2)   Failed to respond to correspondence from the Society within a timely manner, within the time, provided or at all, dated 15 January 2014, 14 March 2014, 29 April 2014, 28 September 2017, 19 October 2017, 12 January 2018, 30 January 2018, 22 August 2018, 26 September 2018, 4 December 2018, 17 December 2018, and 30 January 2019,

3)   Failed to attend a meeting of the Complaints and Client Relations Committee on 22 January 2019, despite being required to attend that meeting by letter dated 14 January 2019.

The tribunal ordered that the respondent solicitor:

·      Stand censured,

·      Pay a sum of €15,000 to the compensation fund,

In the matter of James Walsh, solicitor, of Keaveny Walsh & Co, Solicitors, Headford Place, Kells, Co Meath, and in the matter of the Solicitors Acts 1954-2015[2021/DT04]

Law Society of Ireland (applicant)

James Walsh (respondent solicitor)

On 20 October 2022, the Solicitors Disciplinary Tribunal found the respondent solicitor guilty of professional misconduct in that he failed to comply with an undertaking furnished on 16 October 2007 to a named bank on behalf of his named client and borrower and a property at Slane, Co Meath, in a timely manner or at all.

The tribunal ordered that the respondent solicitor:

1)    Stand censured,

2)    Pay the sum of €5,000 to the compensation fund,

3)    Pay the sum of €2,262 as a contribution towards the whole of the costs of the applicant.

In the matter of Linda Whelan, a solicitor previously practising as Ramsbottom Solicitors at College Street, Carlow, Co Carlow, and in the matter of the Solicitors Acts 1954-2015[2019/DT37]

Law Society of Ireland (applicant)

Linda Whelan (respondent solicitor)

On 13 October 2022, the Solicitors Disciplinary Tribunal found the respondent solicitor guilty of professional misconduct in that she failed to ensure that there was furnished to the Society a closing accountant’s report, as required by regulation 33(2) of the Solicitors Accounts Regulations (SI 516 of 2014) in a timely manner or at all, having ceased practice on 30 November 2016.

The tribunal ordered that the respondent solicitor:

1)    Stand advised and admonished,

2)    Pay the sum of €100 to the compensation fund,

3)    Pay the sum of €2,274 as a contribution towards the whole of the costs of the applicant.

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[2021/DT14]

Law Society of Ireland (applicant)

Barry G O’Meara (respondent solicitor)

On 13 September 2022, the Solicitors Disciplinary Tribunal found the respondent solicitor guilty of misconduct in his practice as a solicitor, in that he:

1)   Failed to comply with an undertaking furnished to the complainant bank on 4 May 2017 in respect of his named clients and borrowers and a named property in Youghal, Co Cork, in a timely manner or at all,

2)   Failed to respond to letters from the applicant in a timely manner or at all, dated 29 August 2019, 8 January 2020, 18 February 2020, 18 March 2020, 25 September 2020, 27 November 2020, 12 July 2021, 4 August 2021,

3)   Failed to comply with the direction made by the Complaints and Client Relations Committee at its meeting of 30 July 2020 that he confirm to the applicant by 10 September 2020 that, on completion of the dealing, he would be in a position to certify title and return the title documents to the complainant, which direction was communicated to the solicitor by letter dated 30 July 2020.

The tribunal ordered that the respondent solicitor:

·      Stand censured,

·      Pay a sum of €8,000 to the compensation fund,

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

In the matter of Maureen Lane, a solicitor previously practising as Lane & Co, Solicitors, at Ducart Suite, Castletroy Park Commercial Campus, Limerick, and in the matter of the Solicitors Acts 1954-2015[2019 DT71]

Law Society of Ireland (applicant)

Maureen Lane (respondent solicitor)

On 19 July 2022,the Solicitors Disciplinary Tribunal found the respondent solicitor guilty of misconduct in that she failed to ensure that there was furnished to the Society a closing accountant’s report, as required by regulation 33(2) of the Solicitors Accounts Regulations 2014 (SI516 of 2014)in a timely manner or at all,having ceased practice on 8 August 2018.

The tribunal ordered that the respondent solicitor:

1)    Stand advised and admonished,

2)    Pay a sum of €300 to the compensation fund,

3)    Pay the sum of €1,212 as a contribution towards the whole of the costs of the Society.

In the matter of Thomas K Madden, a solicitor practising as Thomas K Madden and Company, Solicitors, 1 Camlin View, Longford, and in the matter of the Solicitors Acts 1954-2015[2018/DT14]

Law Society of Ireland (applicant)

Thomas Madden (respondent solicitor)

On 23 May 2022, the Solicitors Disciplinary Tribunal found the respondent solicitor guilty of professional misconduct, in that he:

1)    Drew costs (fees and other amounts due to the solicitor) from the client account by means of client account cheques payable to the clients, some of which were endorsed on the back by the solicitor and the clients,

2)    Made misleading entries in the books of accounts regarding payment to clients, which payments were actually made to the solicitor,

3)    Caused or allowed a personal injury claim client to endorse the back of a blank client account cheque,

4)    Failed to comply with the current anti-money-laundering client identification requirement in the sample of files examined,

5)    Breached one of the conditions of his 2015 practising certificate by issuing a number of client cheques that had not been countersigned as required,

6)    Failed to lodge to the office account and to record the receipt in the office account books of the practice certain costs drawn from the client account by means of client account cheques payable to the client,

7)    Conducted a number of transactions involving cash received from the client account in 2013 and/or 2014 off the books.

The tribunal ordered that the respondent solicitor:

1)    Stand censured,

2)    Pay a sum of €5,000 to the compensation fund,

3)    Pay a sum of €5,651 as a contribution towards the whole of the costs of the applicant.

In the matter of Helen Jeffords, a solicitor previously practising as Helen Jeffords and Co at Plunkett Chambers Business Centre, 21/23 Oliver Plunkett Street, Cork, and in the matter of the Solicitors Acts 1954-2015[2020/DT09, 2020/DT10, and High Court record 2022 no 158 SA]

Law Society of Ireland (applicant)

Helen Jeffords (respondent solicitor)

2020/DT09

On 4 May 2022, the Solicitors Disciplinary Tribunal found the respondent solicitor guilty of misconduct, in that she:

1)   Failed to comply with a section 10 notice, served on her on 15 November 2019, requiring her to transmit the original file in relation to the complaint to the Law Society,

2)   Failed to comply with the direction made by the Complaints and Client Relations Committee at its meeting on 11 February 2020 that she transmit the original file to the complainant’s new solicitor within seven days of the date of notification of the decision, which was on 17 February 2020,

3)   Failed to respond to the Society’s letters in a timely manner, adequately, or at all and, in particular, to letters dated 21 June 2019, 27 August 2019, 12 September 2019, 8 October 2019, 4 November 2019, 28 January 2020, 5 February 2020, and 17 February 2020.