The Gazette 1993

GAZETTE

NW JUNE 1993

Disciplinary Cases

4SA/1993 The Court had before it the report of the Disciplinary Committee in relation to two separate inquiries, 2617/DC.1204 and 2617/DC. 1272. In relation to 2617/DC. 1204 the Committee found that the solicitor was guilty of conduct tending to bring the profession into disrepute in that: (a) he delayed in processing the claim of his client and allowed the same to become statute barred, (b) he failed to respond to the corre- spondence of the solicitor who subsequently acted for his client in the matter, (c) he delayed in handing over the file of his client to his client's new solicitor or to furnish any explanation to his client or his client's solicitor as to the delay in handing over the file, (d) he failed to reply to the Society's correspondence or to furnish any explanation in relation to the matter to the Society, (e) he failed to attend the meeting of the Registrar's Committee about the matter when so required to attend. In relation to 2617/DC. 1272 the Comm- ittee found that there had been miscon- duct on the part of the solicitor in that: (a) he failed to comply with an under- taking furnished by him on behalf of his clients to his clients' bank to forward to the bank his clients' title deeds, (b) he failed to furnish any adequate j explanation to his clients regarding ! his failure to furnish their deeds to their bank, j | (c) he failed to reply to the Society's correspondence in regard to the complaint of his clients, (d) he failed to furnish any adequate explanation to the Society regarding his failure to comply with the said undertaking, j j j '

Re: Kevin P. Kilrane Mohill, Co. Leitrim 8S A/1993

The High Court ordered that the solicitor's name be struck off the Roll of Solicitors, that the solicitor stand severely censured regarding his conduct as a solicitor and that he pay to the Society the costs of the proceedings 1 both before the Disciplinary Committee ! and the High Court. There were two further petitions before the High Court, 5SA/1993 and 6SA/1993 which are summarised below. 5SA/1993 In relation to this petition the Court had before it the report of the Disciplinary Committee in respect of three separate j inquiries namely 2617/DC. 1273, 2617/DC. 1280 and 2617/DC. 1282. In relation to the first matter, 2617/DC. 1273, the Committee found misconduct in that, inter alia, the solicitor delayed in the registration of the title of his client in relation to certain property, failed to reply to requests from his client's bank for the deeds of the j property on foot of an undertaking given ; to the bank on behalf of his client. In I misconduct in that the solicitor failed to ! comply with an undertaking given by him to another firm of solicitors and j further failed to reply to the correspondence of that firm in regard to | the undertaking. In relation to 2617/DC. 1282 the Committee made a finding of misconduct against the j solicitor in that, inter alia , he failed to perfect the title to certain property of a former client of his, failed to furnish any adequate explanation to the client's new | solicitors, failed to furnish any adequate explanation in relation to the situation to his former client's bank to whom he had given an undertaking in relation to the matter; misled the Society in stating that j he had forwarded an amended conveyance to the solicitor for the vendor when in fact he had not done so. relation to 2617/DC. 1280 the Committee made a finding of The High Court made an order that the name of Michael Collier be struck off j the Roll of Solicitors and that he pay to j

On 20 May, 1993, the Acting President of the High Court ordered that Kevin P. Kilrane, Solicitor, stand censured regarding his conduct as a solicitor. The Court had before it the report of the • Disciplinary Committee of its hearing j on 15 December, 1992, in which the ; Committee made a finding that the solicitor was guilty of conduct tending to bring the profession into disrepute in that he: | (a) failed to discharge the costs of his agent (a UK firm of solicitors), (b) failed to provide his agent with requests from his agent, (c) failed to reply to the corespondence of his agent (the complainant), (d) failed to reply to the Society's correspondence and to furnish any adequate explanation of the matter complained of to the Society. Costs of the petition were awarded to the Law Society. instructions in relation to Court proceedings despite numerous |

Re: Michael Collier 2 Ross Terrace, New Street,

I

Malahide, Co. Dublin 4SA/1993 SSA/1993 6SA/1993

; On 26 April, 1993, the acting President of the High Court ordered that the name of Michael Collier, Solicitor, be struck off the Roll of Solicitors and that he stand severely censured regarding his conduct as a solicitor. The Court heard three separate petitions from the Law Society concerning in total eleven reports of inquiries by the Disciplinary Committee into the conduct of the solicitor.

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