The Gazette 1996

GAZETTE

NOVEMBER 1996

Disciplinary Cases

was directed to him as the principal of his firm and which letter was written with the purpose of providing him with an opportunity of resolving the matter immediately; g. allowed two further false representations to be made to the complainant by way of letters dated 20 August 1991 and 14 October 1991 respectively from his firm; h. failed to reply to the complainant's letter of 1 November 1991; i. failed to reply to the Society's letters of 16 December 1991 and 18 January 1992; j. failed to attend a meeting of the Registrar's Committee on 12 March 1992 when required to do so; k. allowed the complainant's file to be falsified to convey the impression that the complainant was at fault rather than the solicitor's firm in respect of the delay in having the complainant's case ruled by the High Court and further that the solicitor had

b. through his gross lack of supervision of an unqualified member of his staff caused the complainant to be deliberately and seriously misled on a number of occasions by false information; c. through his gross lack of complainant, in that whereas the complainant's case was settled on 18 December 1990 this was not ruled by the High Court until two years later on 15 December 1992; d. as a result of his gross lack of supervision of an unqualified member of his staff was unaware of a letter of 8 August 1991 from the complainant to his firm fully appraising him of the misrepresentations made by an unqualified member of his staff to the complainant and the delay in dealing with the matter; e. caused further material loss to the complainant in causing the complainant to incur further costs of £655.20 in instructing a new firm of solicitors in relation to the case; f. failed to answer the complainant's supervision of an unqualified member of his staff seriously prejudiced his client, the

Re: Thomas Baldwin practising as Early & Baldwin at 27/28 Marino Mart, Fairview, Dublin 3 at Castlegate, Lord Edward Street, Dublin 2 and at Stewart Hall, Parnell Street, Dublin 1. On 10 June 1996 the President of the High Court ordered: i. that Thomas Gerard Baldwin stand censured; ii. that the said Thomas Gerard Baldwin pay a fine of £1,000; iii. that the said Thomas Gerard Baldwin pay to the complainant in the case the sum of £2,408.66 plus interest to date of payment. The costs of the hearing before the Disciplinary Committee and the presentation of the petition before the High Court were awarded to the Society. The President had before him a report of the Disciplinary Committee of a hearing on 5 September 1995 in which the Committee was of the opinion that there had been misconduct on the part of the said Thomas Gerard Baldwin in that he: a. failed to supervise an unqualified

corresponded with the Society in relation to the complaint when he had not. •

member of his staff to whom he had delegated the handling of the complainant's case;

letter to him of 8 August 1991 notwithstanding that that letter

SOLICITORS ACTS 1954 to 1994 A COMPENDIUM The complete Solicitors Acts consolidated and referenced in one volume. Available from: Linda Dolan The Law Society Blackhall Place, Dublin 7. Phone: 671 0711 Cost: £15.00 + p.p. £3.20

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