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GAZETTE
JANUARY/FEBRUARY 1996
(ii) withdrawing from the client
account substantial monies
purportedly in respect of costs
when either no bill of costs or
written intimation of costs had
been furnished to the client or
the monies withdrawn were
substantially in excess of the
costs intimated to the client
by bill or otherwise (Reg. 7
(iv));
(iii) wrongfully transferred client
monies from the ledger
accounts of various clients to
the ledger cards of other
clients (Reg. 9);
(iv) wrongfully withdrew client
monies so as to cause the
client account to become
overdrawn (Reg. 7);
(v) wrongfully withdrew client
monies from the client account
(Reg. 7);
(vi) failed to keep proper books of
account in relation to his
practice (Reg. 10).
e. through his dishonesty in his
practice had caused the Society to
make payments out of its
Compensation Fund totalling
£814,372.41 as of the 31 st day of
July 1994;
f. produced to the Society
accountant's reports in respect of
his Enniscorthy and Wexford
practices for his financial year
ended 31st December 1990
showing a surplus of clients funds
when he knew that the true
situation was that there was a
substantial deficit in his clients
funds;
g. produced the said certificates to the
Society in respect of his practice
for the financial year ended the
31 st of December 1990 for the
purpose of misrepresenting to the
Society that he had complied with
the Solicitors Accounts
Regulations and so misleading the
Society into believing he had
complied with the Solicitors
Accounts Regulations and so
misleading the Society;
h. concealed from the Society's
investigating accountant the deficit
in clients funds during the course
of the investigation of his practice
pursuant to the Solicitors Accounts
Regulations;
i. prevailed upon a client to withdraw
a complaint to the Society, which
complaint disclosed receipt by the
Solicitor of £44,045.00 on behalf
of the client which had not been
recorded in the books of account
by the Solicitor;
j. misled the Society's Compensation
Fund Committee at its meeting on
19 September 1991 by representing
to the Committee that he was not in
a position to provide an
explanation in relation to the
deficit recorded in the investigation
report of 3 September 1991
because he did not devote
sufficient time to the accounting
side of his practice;
k. failed to attend the meeting of
the Compensation Fund Committee
of 13 February 1992 when
required to do so and when
informed that the estimated deficit
in relation to his practice as of 31
October 1991 amounted to
£594,751.04;
1. misled the High Court in
representing to the High Court in
an affidavit sworn 25 October
1991 that the deficit in client
funds was between £150,000 and
£250,000;
m. falsified the books of account of
his practice in relation to nine
clients named in the report of the
Disciplinary Committee to conceal
a deficit in client funds;
n. misappropriated the monies of four
clients named in the report of the
Disciplinary Committee in the
amounts of £85,575.68,
£82,366.77, £29,266.23 and
£56,905.70 respectively causing
the Society to have to pay the
said amounts out of its
Compensation Fund.
•
Compensation
Fund Payments
Out - December,
1995
The following claim amounts were
admitted by the Compensation Fund
Committee and approved for payment
by the Council at its meeting in
December 1995.
IR£
Michael Dunne,
1,150.00
63/65 Main Street,
Blackrock,
Co. Dublin.
1,150.00
a
Compensation
Fund Payments
Out - January,
1996
The following claim amounts were
admitted by the Compensation Fund
Committee and approved for payment
by the Council at its meeting in
January 1996.
IR£
Francis G. Costello,
6,125.00
51 Donnybrook Road,
Donnybrook,
Dublin 4.
6,125.00
•
Stamp Duty Public Office -
New Procedures
Following a review of the cash handling
arrangements in the Stamp Duty Public
Office, new procedures will take place
from 5 February, 1996. On and from
that date, any cash payments for Stamp
Duty or Companies Capital Duty must
be made direct to the Cash Office.
An explanatory leaflet is available from
the Stamp Duty Office, Dublin 2 or by
telephoning the Stamp Duty Office at
(01) 679 2777.
Brendan Costigan
, extn.
4574 or
Donal Savage,
extn. 4567, will
be available to deal with queries.
•
32