The Gazette 1996

JANUARY/FEBRUARY 1996

GAZETTE

Disciplinary Cases

1995) the President of the High Court ordered that the name of John Kieran Brennan be struck off the Roll of Solicitors. He further ordered that the said John Kieran Brennan make restitution to the Law Society of Ireland for compensation monies paid to clients of the said John Kieran Brennan by the Society's Compensation Fund in the amounts of £85,575.68, £82,366.77, £29,266.23 and £56,905.70 and granted Judgement to the Society against John Kieran Brennan for the sum of £254,114.38 being the total of these sums. The costs of both the hearing before the Disciplinary Committee and the Petition were awarded to the Society when taxed and ascertained. The Court had before it the report of the Disciplinary Committee of its hearing on 20 September 1994 in which the Committee found that there had been misconduct on the part of the Solicitor in that he had:

were unaware the proceedings were issued in their name, obtaining monies on their behalf then misappropriating those monies for hi own use;

The High Court - Petition No. 6SA/1995 Re: Gerard J. Martin Solicitor, formerly practising as G.J. Martin & Co. Solicitors at Irish Permanent House, Castlebar, Co. Mayo and Main Street, Belmullet, Co. Mayo and Chapel Street, Crossmalina, Co. Mayo. On 23 October," 1995 the President of the High Court ordered that the name of Gerard J. Martin be struck off the Roll of Solicitors. He further ordered that the said Gerard J. Martin pay the costs of the proceedings before the Disciplinary Committee and the High Court. The Court had before it a report of the Disciplinary Committee of its hearing on 4 July 1995 in which the Committee reported to the President of the High Court that in its opinion there had been misconduct on the part of the said Solicitor in that he had, on the evidence before the Committee:

f. created false medical reports in personal injuries cases;

g. misinformed clients about the amounts of their settlements and misappropriated parts of those settlements; h. during the early stages of the investigation prior to the Solicitor making a full disclosure, he persuaded an assistant bank manager to provide the Investigating Accountant with a false letter of confirmation and a false lodgement slip with the intention of frustrating the investigation and hiding the deficit which existed in the practice client account; Office for the purpose of attaching same to a letter on a file, to give the impression that a letter had been posted where it had not been posted; j. forged his clients' signatures on a Land Registry transfer and forged a vendor's signature on a deed. The High Court - Petition No. 3SA/1995 Re: John Kieran Brennan Solicitor formerly practising as John Kieran Brennan at 20, North Main Street, Wexford and under the style and title of P.J. O'FIaherty & Son at Mayfield, Enniscorthy, Co. Wexford. i. prepared a false registration certificate stamped by the Post

a. misappropriated substantial client funds;

a. misappropriated clients' monies, for his own use and benefit;

b. falsified the books of account of his solicitor's practice so as to in some cases conceal, and in other cases to minimise, the apparent liabilities to clients;

b. caused a deficit in client funds to arise on his client of £170,681.89 as of 6 February 1992;

c. forged wills and obtained Grants of Probate of such wills;

c. by his dishonest conduct as a

solicitor caused substantial and on going claims on, and payments to be made out of, the Society's Compensation Fund;

d. falsely represented to the Society's Investigating Accountant in the course of his investigation pursuant to the Solicitors Accounts Regulations, that there was no shortfall in clients' funds; e. made irregular personal injuries claims by issuing claims in respect of persons who sustained no injuries and in other cases issuing receipts in respect of persons who

d. breached the Solicitors Accounts Regulations No. 2 of 1984 by:

(i) failing to pay into the relevant client accounts monies received for or on behalf of those clients, (Reg. 3);

By order of 9 October 1995 (as amended by order of 13 November