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GAZETTE
JANUARY/FEBRUARY 1996
Disciplinary Cases
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:
a. misappropriated clients' monies,
for his own use and benefit;
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;
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
were unaware the proceedings were
issued in their name, obtaining
monies on their behalf then
misappropriating those monies for
hi own use;
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;
i. prepared a false registration
certificate stamped by the Post
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.
By order of 9 October 1995 (as
amended by order of 13 November
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:
a. misappropriated substantial client
funds;
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;
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. 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);