The Gazette 1995

GAZETTE

APRIL 1995

Disciplinary Cases

Re: James M. Sweeney, Solicitor, formerly practising as

(2) he failed to administer the estate, as instructed. (3) he failed to make full and frank disclosure of the loss of the original will of the testatrix. (4) he led the two complainants to the Society to believe that he was administering the estate of the late testatrix, when he was not. (5) he failed to reply to the letters of the solicitor of one of the two complainants.

1. failed to protect the interests of a named client

James M. Sweeney, 14, New Cabra Road, Phibsboro, Dublin 7.

2. deducted fees and expenses from monies received from the said named client without clearing in advance the quantum of such fees $nd expenses and obtaining his client's authority to make such deductions 3. failed to advise the said client, as he should have done, in taking a letting of premises owned by the solicitor, that independent legal advice should have been taken in relation to the taking of that letting 4. failed to advise his client in relation to the letting referred to a 3 above that an independent valuation should be taken in relation to the rent payable 5. failed to have a company, in which he was beneficially interested, discharge a sum of £3,150 due to a venture in which his client was interested, which estimate had been accepted for the work 6. continued to act as a director of a company in which his client was interested after he had purported to resign as an officer of that company 7. in furtherance of his own interest did not give the independent legal advice to his client which is expected of a solicitor and which is the due of every client. Re: Niall Joseph O'Connor Practising as O'Connor Mohan & Co., 12, Fairview Strand, Fairview, Dublin 3 and 4, Fitzwilliam Square, Dublin 2.

The High Court Petition No. 8SA/1994.

On 4 July, 1994, the Acting President of the High Court ordered that James Sweeney, Solicitor, stand censured regarding his conduct as a solicitor and be fined £500 and that he pay the costs of the proceedings before the Disciplinary Committee measured in the sum of £315 and the costs of the Society of the petition and order when taxed and ascertained. The Court had before it the report of the Disciplinary Committee of its hearing on 29 June, 1993 and 20

Re: Joseph Gilsenan Practising as Gilsenans, Ormond House, 179, Lower Rathmines Road, Dublin 6.

The High Court Petition No. 6SA/1994.

January, 1994, in which the Committee made a finding of misconduct in the light of the solicitor's admissions that:

On 5 July 1994 the acting President of the High Court affirmed the findings of the Disciplinary Committee of the High Court that there had been misconduct on the part of Joseph Gilsenan and ordered:

a) he failed to respond to the

correspondence of the Society;

b) he failed to attend before meetings of the Registrar's Committee on two occasions when requested to do so; c) he failed to comply with the

(1) that the said Solicitor pay a fine of £5,000.

following undertakings given to the Registrar's Committee on 12 November 1992: (1) to immediately apply to the High Court to have a copy of a will proved; (2) to make arrangements to immediately discharge the funeral expenses of the Testatrix; (3) to be responsible for the costs involved in having the copy will admitted to Probate.

(2) that he pay the Incorporated Law Society of Ireland £5,500 in respect of the costs incurred by the Society in the proceedings before the Disciplinary Committee. (3) that he pay the Incorporated Law Society of Ireland the costs of the petition, to be taxed in default agreement. The Court had before it the report of the Disciplinary Committee of the 29 June 1994 in which the Committee found that there had been misconduct on the part of the Solicitor in that he had:

d) (1) he failed to extract the

relevant grant of probate, as instructed.

The High Court Petition No. II SA/1994.

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