The Gazette 1995

GAZETTE

MAY/JUNE

1995

On 14 November 1994 Mr. Justice Keane ordered:

deletion and concealment of legal advice material to their interests;

were properly protected.

iv. failed to account for all sums received and distributed in respect of the said estate.

(1) That the said Niall Joseph O'Connor Solicitor do stand

( 0 failed to reply to correspondence from the Society asking for an explanation in relation to the matter.

censured regarding his conduct as a solicitor

(b) As a sole practitioner from 17 December 1990 the 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

Re: Lorna Burke Practising as Burke & Co., 19, Eyre Street, Galway.

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; 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. iii. failed to make a proper distribution to the

(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: (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; (a) failed to disclose to his clients until 26 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 (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;

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: 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 (a) As a partner in the firm of Frank Burke & Co.

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