The Gazette 1993

MARCH 1993

GAZETTE

Disciplinary Cases

Re: John B. Doheriy 8 Lower Main Street, Letterkenny, Co. Donegal. 35 SA/1992 Petition to strike-off - delay in administration of an estate - restrictions on practising certificate imposed. 36 SA/1992 Fine - delay in completion of title - failure to reply to Society's correspondence and enquiry. The two matters were heard together on 19 January, 1993. The Court had before it the report of an enquiry held by the Disciplinary Committee on 7 July, 1992 and 4 August, 1992. The Disciplinary Committee found that the solicitor was guilty of misconduct in that, inter alia: • he delayed in the completion of the administration of an estate, • he failed to keep his client adequately advised as to the progress of the administration, • he failed to attend meetings of the Registrar's Committee of the Society in relation to a complaint. The Court accepted and incorporated into its order an undertaking by the solicitor, inter alia, not to practise save as an assistant solicitor in the employment of a solicitor of not less than ten years standing approved by the Society. The Court also had before it the report of the Disciplinary Committee of an enquiry held on 7 July, 1992 and 4 August, 1992, in which the Disciplinary Committee found that the solicitor was guilty of conduct tending to bring the profession into disrepute in that, inter alia,

solicitor had, inter alia, misappropriated clients' funds and committed breaches of the Solicitors Accounts Regulations. The High Court ordered that the solicitor be censured. An ancilliary order was made that as and from 30 April, 1993, he cease to practise other than as an assistant solicitor to a solicitor of not less than ten years' standing.

Re: Roderick St. John Walshe 185 Fortfield Road, Terenure, Dublin 6.

31 SA /1990

Application for restoration to the Roll - opposed by the Law Society - granted subject to conditions On 13 January, 1993, the acting President of the High Court, granted an application by Roderick St. John Walshe to be restored to the Roll of Solicitors, subject to the condition that he would be entitled to apply for a practising certificate only as an assistant solicitor to a solicitor of not less than ten years standing, and subject also to an arrangement with the Compensation Fund Committee to repay any debts due to the Fund, or former clients, out of his salary in such amounts as deemed fit by the Committee. Counsel on behalf of the solicitor agreed to the imposition of conditions. Petition to strike off - missappropriation of clients monies - breaches of Solicitors Accounts Regulations - censure and restrictions on practising certificate imposed. On 12 January, 1992, the acting President of the High Court refused the petition of the Society to strike Greg O'Neill off the Roll of Solicitors. The Court had before it the report of the Disciplinary Committee of its hearing on 25 February, 1992, in which the committee made a finding that the solicitor had been guilty of misconduct tending to bring the profession into disrepute in that the Re: Greg O'Neill 21 Clare Street, Dublin 2. 15 SA/1992

Re: Peter McGarry Cregg Road, Glenamaddy, Co. Galway. 14/SA 1992 Petition to strike-off -

misappropriation of clients' funds - falsifying ledger accounts - false statements to the Compensation Fund Committee. On 12 January, 1993, the President of the High Court made an Order striking the name of Peter McGarry off the Roll of Solicitors. The Court had before it the report of the Disciplinary Committee of an enquiry held on 8 August, 1991, 3 December, 1991 and 21 January, 1992. The Committee found that the solicitor was guilty of conduct tending to bring the profession into dispute, in that he, inter alia, • misappropriated a client's monies in the sum of £9,000 and applied same for his personal use, • falsified the ledger account of the said client, • made a false statement concerning the misappropriation to the Compensation Fund Committee of the Society, • improperly lodged client's monies, received to cover outlay, to the office account of the practice, Costs were awarded to the Society.