135 / 424
GAZETTE
MAY/JUNE
1995
On 14 November 1994 Mr. Justice
Keane ordered:
(1) That the said Niall Joseph
O'Connor Solicitor do stand
censured regarding his conduct as
a solicitor
(2) That the said Niall Joseph
O'Connor Solicitor do pay
forthwith for fine to the said
Society a sum of £2,500.00
(3) That the said Niall Joseph
O'Connor do pay to the Society
the costs of the proceedings before
the Disciplinary Committee and
also the costs of and incident to
the said Petition and the Order
when taxed or agreed upon.
The High Court had before it the
report of the Disciplinary Committee
to the High Court of the hearing
conducted before the Committee on 9
June 1994 on foot of which the
Committee found that the solicitor was
guilty of misconduct in that he:
(a) failed to disclose to his clients
until 26 February 1993
(approximately two years after the
purchase of their property had
closed) that he had closed the
purchase notwithstanding the
deletton by the vendor's solicitor
of a clause regarded as
fundamental to the contract by his
clients;
(b) failed to furnish a copy of the
contract referred to at (a) above to
his clients despite repeated
requests by them to do so, until
15th February 1993;
(c) failed to immediately advise his
clients to seek separate legal
advice when there was a clear
conflict in his continuing to
represent them in the matter;
(d) deliberately altered an opinion he
had obtained from counsel on
behalf of his clients dated 16th
March 1993 to protect his own
interests;
(e) prejudiced his clients' interest by
the alteration of the opinion
referred to at (d) above by the
deletion and concealment of legal
advice material to their interests;
( 0 failed to reply to correspondence
from the Society asking for an
explanation in relation to the
matter.
Re: Lorna Burke
Practising as Burke & Co.,
19, Eyre Street,
Galway.
The High Court Petition No.
27SA/1992.
On 1 March 1994 the President of the
High Court ordered:
(1) that the said Solicitor do stand
censured regarding her conduct as
a solicitor;
(2) that the said Solicitor do pay
forthwith a fine to the Society in
the sum of £1,500.00;
(3) that the said Solicitor do pay to
the Society the costs of the
proceedings before the
Disciplinary Committee measured
in the sum of £1,575 and also the
costs of and incidental to the said
Petition to the High Court to be
taxed in default of agreement.
The Court had before it the report of
the Disciplinary Committee of 24 June
1992 in which the Committee made a
finding of misconduct in that the
Solicitor:
(a) As a partner in the firm of Frank
Burke & Co.
i. was responsible for the delay
in dealing with the
administration of an estate;
ii. failed to protect and advance
the interests of the
beneficiaries by making
and/or seeking authority for
interim distribution of the
assets of the estate;
iii. failed to properly supervise
the said practice of Frank
Burke & Co. so as to ensure
that the interests of the
beneficiaries of the estate
were properly protected.
iv. failed to account for all sums
received and distributed in
respect of the said estate.
(b) As a sole practitioner from 17
December 1990 the solicitor:
i. failed to take all proper and
necessary steps to complete
the administration and
distribution of the said estate;
ii. failed to have regard to the
hardship caused to the
complainant and residuary
legatee in the handling of her
requests for an interim
payment;
iii. failed to make a proper
distribution to the
compalinant, when she did in
fact make such interim
distribution in or about the
month of March 1990;
iv. failed to attend a meeting of
the Registrar's Committee on
16 May 1991, when requested
to do so;
v. failed to properly account to
the said complainant in
respect of the said interim
distribution.
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