The Gazette 1996

The Disciplinary Tribunal Annual Report for 1995/1996

Leave to withdraw after inquiry directed

Tribunal: SOLICITOR MEMBERS Walter Beatty, Chairman WB Allen Clare Connellan Andrew 0 Donnelly

extend the overdraft facilities.

1 1

Inquiry adjourned

Transferring money from the office account to the client account prior to the reporting date so as to mask breaches of the Solicitors Accounts Regulations which had occurred by making unauthorised transfers from the client account to the office account. Failing to discharge liabilities to counsel, doctors, engineers and other witnesses. Operating an undisclosed bank account and lodging settlement cheques to this undisclosed account. Operating an undisclosed building society account or accounts which were used for processing party and party costs received in respect of settlements. Deducting solicitor and client fees from settlement cheques which were not recorded in the books of account. Failing to raise any fee notes in respect of the solicitor and client fees deducted from settlement monies. Wrongfully keeping for the solicitor's own use a set of undisclosed accounting records in respect of the undisclosed bank account. Falsifying books of account in that the books of account did not reflect a true and accurate picture of all transactions in relation to client monies. Concealing accounts from both the reporting accountant and from the Society so that the accounts were effectively operated outside the protective ambit of the Solicitors Accounts Regulations. Engaging in multiple and serious breaches of the Solicitors Accounts Regulations in that the solicitor failed to keep proper books of account showing all transactions in respect of client monies in breach of Regulation 10.

Orders made by the Disciplinary Tribunal pursuant to Section 7(9) of the Solicitors (Amendment) Act, 1960 as substituted by Section 17 of the Solicitors (Amendment) Act, 1994.

Terence Dixon Michael Hogan Donal Kelliher Eugene McCague Moya Quinlan Grattan d'Esterre Roberts

14

Censured, fined and dosts awarded

6

Censured and

fined

1

LAY MEMBERS Pauline Coonan Sean McCarthy Mary Morris Marie O 'Brien Jacqui 0 'Dowd

Admonished, fined and costs awarded Fined and costs awarded Advised and admonished; costs awarded Admonished/censured

1

2

1 3

Between 12 May 1995 and 31 October 1996 the Disciplinary Tribunal met in divisions of three on 27 occasions. Two general meetings also took place during the period under review. The following applications were considered by the Tribunal during this period:

Fines ranged from £500 to £4,000.

Report of the Disciplinary Tribunal under Section 7(3)(b)(ii) of the Solicitors (Amendment) Act, 1960 as substituted by Section 17 of the Solicitors (Amendment) Act, 1994 1 Recommendation: that the name of the respondent solicitor be struck off the Roll of Solicitors.

NEW APPLICATIONS:

72

Law Society

SUBJECT MATTER OF COMPLAINTS Solicitors Accounts Regulations Conveyancing Probate Civil Claims

Prima facie cases found

22

Prima facie decision adjourned Awaiting prima facie decision

1

8

At Hearing *Misconduct

15

No misconduct

1 1

MAIN GROUNDS ON WHICH THE TRIBUNAL FOUND MISCONDUCT Allowing deficits to arise on client accounts.

Applications dismissed

Adjourned

4

Awaiting inquiry

1

*Judicial review proceedings issued after finding of misconduct in one case.

Misappropriating clients' funds.

Misleading the Compensation Fund by tendering an explanation as to how a deficit occurred which proved to be incorrect and misleading. Transferring funds from the client account to the office account to enhance the cash flow and to avoid having to

Private

Prima facie cases found Prima facie cases not found Awaiting prima facie decision

10 15 16

At Hearing No misconduct

7 1

Misconduct

391