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The Disciplinary Tribunal Annual
Report for 1995/1996
Tribunal:
SOLICITOR MEMBERS
Walter Beatty, Chairman
WB Allen
Clare Connellan
Andrew 0 Donnelly
Terence Dixon
Michael Hogan
Donal Kelliher
Eugene McCague
Moya Quinlan
Grattan d'Esterre Roberts
LAY MEMBERS
Pauline Coonan
Sean McCarthy
Mary Morris
Marie O 'Brien
Jacqui 0 'Dowd
Between 12 May 1995 and 31 October
1996 the Disciplinary Tribunal met in
divisions of three on 27 occasions. Two
general meetings also took place during
the period under review.
The following applications were
considered by the Tribunal during this
period:
NEW APPLICATIONS:
72
Law Society
Prima facie
cases found
22
Prima facie
decision adjourned
1
Awaiting
prima facie
decision
8
At Hearing
*Misconduct
15
No misconduct
1
Applications dismissed
1
Adjourned
4
Awaiting inquiry
1
*Judicial review proceedings
issued after finding of
misconduct in one case.
Private
Prima facie
cases found
10
Prima facie
cases not found
15
Awaiting
prima facie
decision
16
At Hearing
No misconduct
7
Misconduct
1
Leave to withdraw after
inquiry directed
1
Inquiry adjourned
1
Orders made by the Disciplinary
Tribunal pursuant to Section 7(9) of the
Solicitors (Amendment) Act, 1960
as
substituted by Section 17 of the
Solicitors (Amendment) Act, 1994.
14
Censured, fined and dosts
awarded
6
Censured and
fined
1
Admonished, fined and
costs awarded
1
Fined and costs awarded
2
Advised and admonished;
costs awarded
1
Admonished/censured
3
Fines ranged from £500 to £4,000.
Report of the Disciplinary Tribunal
under Section 7(3)(b)(ii) of the
Solicitors (Amendment) Act, 1960
as
substituted by Section 17 of the
Solicitors (Amendment) Act, 1994
1
Recommendation: that the name of the
respondent solicitor be struck off the
Roll of Solicitors.
SUBJECT MATTER OF
COMPLAINTS
Solicitors Accounts Regulations
Conveyancing
Probate
Civil Claims
MAIN GROUNDS ON WHICH THE
TRIBUNAL FOUND MISCONDUCT
Allowing deficits to arise on client
accounts.
Misappropriating clients' funds.
Misleading the Compensation Fund by
tendering an explanation as to how a
deficit occurred which proved to be
incorrect and misleading.
Transferring funds from the client
account to the office account to enhance
the cash flow and to avoid having to
extend the overdraft facilities.
Transferring money from the office
account to the client account prior to the
reporting date so as to mask breaches of
the
Solicitors Accounts Regulations
which had occurred by making
unauthorised transfers from the client
account to the office account.
Failing to discharge liabilities to
counsel, doctors, engineers and other
witnesses.
Operating an undisclosed bank account
and lodging settlement cheques to this
undisclosed account.
Operating an undisclosed building
society account or accounts which were
used for processing party and party costs
received in respect of settlements.
Deducting solicitor and client fees from
settlement cheques which were not
recorded in the books of account.
Failing to raise any fee notes in respect
of the solicitor and client fees deducted
from settlement monies.
Wrongfully keeping for the solicitor's
own use a set of undisclosed accounting
records in respect of the undisclosed
bank account.
Falsifying books of account in that the
books of account did not reflect a true
and accurate picture of all transactions in
relation to client monies.
Concealing accounts from both the
reporting accountant and from the
Society so that the accounts were
effectively operated outside the
protective ambit of the
Solicitors
Accounts Regulations.
Engaging in multiple and serious
breaches of the
Solicitors Accounts
Regulations
in that the solicitor failed to
keep proper books of account showing
all transactions in respect of client
monies in breach of Regulation 10.
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