The Gazette 1993

GAZETTE

JUNE 1993

Re: Kevin P. Kilrane

Mohill, Co. Leitrim

8S A/1993

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

instructions in relation to Court

proceedings despite numerous

requests from his agent,

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.

Re: Michael Collier

2 Ross Terrace, New Street,

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.

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,

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

explanation to his clients regarding !

his failure to furnish their deeds to

their bank,

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,

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

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

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

property on foot of an undertaking given ;

to the bank on behalf of his client. In

relation to 2617/DC. 1280 the

Committee made a finding of

misconduct in that the solicitor failed to !

comply with an undertaking given by

him to another firm of solicitors and

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

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.

The High Court made an order that the

name of Michael Collier be struck off

the Roll of Solicitors and that he pay to

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