Check a Solicitor's Record
The Law Society has a statutory duty to maintain a register of all orders containing findings of misconduct made against solicitors by the Solicitors Disciplinary Tribunal, the Legal Practitioners Disciplinary Tribunal and the High Court.
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Any person can apply to the Law Society for a copy of entries on that register that relate to a particular solicitor by submitting a request in writing to the Regulation Department of the Law Society.
The Law Society also has a statutory obligation to publish disciplinary findings against solicitors. The Society has developed a publication policy for this website that is linked to the severity of sanction imposed. This policy provides for the ongoing publication of the most serious sanctions and the publication of less serious findings and related sanctions for specified periods of time.
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Where the finding includes a sanction to strike the solicitor’s name off the roll of solicitors the order will remain published indefinitely.
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Where a finding includes an order to suspend the solicitor’s practising certificate the finding will be published for the duration of the period of suspension or three years, whichever is the longer.
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Where the finding includes a sanction to impose a condition upon a solicitor’s practising certificate that finding will be published for a period of 3 years, or the duration of time specified in the order, whichever is the longer.
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All other findings of misconduct will be published for a period of three years.
By law, findings of misconduct are made against individual solicitors, not firms of solicitors. SCROLL DOWN to view the search results. To view more details, click on the 'Show Details' link.
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Eamon P Comiskey
Ballycarnan, Portlaoise, Co Laois
Date of Order01/03/2010In the matter of Eamon P Comiskey, a solicitor previously practising at Ballycarnan, Portlaoise, Co Laois, and in the matter of the Solicitors Acts 1954-2008 [7337/DT23/09 and High Court 2009 no 102SA]
Law Society of Ireland (applicant)
Eamon P Comiskey (respondent solicitor)
On 17 September 2009, the Solicitors Disciplinary Tribunal found the respondent solicitor guilty of misconduct in his practice as a solicitor in that he failed to comply with an undertaking furnished to IIB Homeloans (now KBC Homeloans) on 28 April 2000 in respect of a named client and a named property in Co Tipperary in a timely manner or at all.
The tribunal ordered that the matter be brought before the High Court and, on 1 March 2010, the President of the High Court ordered that the name of the respondent solicitor be struck from the Roll of Solicitors and that the Society recover the costs of the proceedings in the High Court and the costs of the proceedings before the disciplinary tribunal as against the respondent solicitor when taxed and ascertained.
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Eamon P Comiskey
Ballycarnan, Portlaoise, Co Laois
Date of Order01/03/2010In the matter of Eamon P Comiskey, a solicitor previously practising at Ballycarnan, Portlaoise, Co Laois, and in the matter of the Solicitors Acts 1954-2008 [7337/DT85/09 and High Court 2010 no 13SA]
Law Society of Ireland (applicant)
Eamon P Comiskey (respondent solicitor)
On 24 November 2009, the Solicitors Disciplinary Tribunal found the respondent solicitor guilty of misconduct in his practice as a solicitor in that he:
a) Failed to comply with an undertaking dated 22 February 2007 to discharge an Investec mortgage on a premises and to furnish partial discharge in a timely manner or at all,
b) Failed to reply to the Society’s correspondence and, in particular, the Society’s letters of 12 February 2009, 18 March 2009 and 31 March 2009 in a timely manner or at all,
c) Failed to attend at the meetings of the Complaints and Client Relations Committee on 13 May 2009 and 24 June 2009, despite being required to do so,
d) Failed to attend at the meeting of the Complaints and Client Relations Committee on 30 July 2009, despite being directed to so attend by order of the High Court made on 13 July 2009.
The tribunal ordered that the matter be brought before the High Court and, on 1 March 2010, the President of the High Court ordered that the name of the respondent solicitor be struck from the Roll of Solicitors and that the Society recover the costs of the proceedings in the High Court and the costs of the proceedings before the disciplinary tribunal as against the respondent solicitor when taxed and ascertained.
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David O'Shea
O'Donovan Solicitors, 73 Capel St, Dublin 1
Date of Order15/02/2010In the matter of David O’Shea, solicitor, formerly practising at O’Donovan Solicitors, 73 Capel Street, Dublin 1, and in the matter of the Solicitors Acts 1954-2008 [6743/DT63/09 and High Court record no 2009 no108 SA]
Law Society of Ireland (applicant)
David O’Shea (respondent solicitor)
On 15 February 2010, the High Court made an order striking the name of the respondent solicitor from the Roll of Solicitors.
The High Court had before it the findings of misconduct of the Solicitors Disciplinary Tribunal as follows:
a) Caused, by the misapplication and/or misappropriation of monies, a deficit on the client account of O’Donovan Solicitors of in or about €273,439.28, in breach of regulation 7(2)(a).
b) Misappropriated monies from the client account for his own personal use and benefit of in or about €96,000, in breach of regulation 7(2)(b).
c) Misapplied funds of in or about €80,000 from the client ledger account of a named client, in breach of regulation 7(1)(a)(i).
d) Failed to stamp/failure to ensure the stamping of the deeds of a named client, despite having been put in funds to do so, causing interest and penalties to arise of in or about €38,220 as at February 2008.
e) Dishonestly advanced funds of in or about €47,000 to two named clients from the client ledger account of a named estate, and upon receipt of loan monies to the credit of the two named clients, failed to retain the sum of €47,000 and credit same to the account of the estate. This is in breach of regulations 9, 9(a), 9(b) and 12(2)(a).
f) Misapplied and/or misappropriated monies totalling in or about €198,900 from the client ledger account of the above estate, in breach of regulation 12(1) and 12(2)(a).
g) Misappropriated monies in a minimum amount of €40,500 from the client ledger account of the above estate for his own personal use and benefit, in breach of regulation 7(2)(b).
h) Maintained, or caused to be maintained, false and misleading accounting records in respect of the client account of the above estate deceased, in breach of regulation 12(2)(a).
i) Caused or permitted a transfer deed for a named client to be presented to the Revenue Commissioners for stamping dated 8 February 2008, when the actual date of transfer was in or about March 2007.
j) Misappropriated funds of a named client of in or about €16,539.28 by lodging same to his personal ledger account for his personal use and benefit, in breach of regulations 7(2)(b) and 12(2)(a).
k) Failed to open a client ledger account for the above client, having received monies outstanding to her credit from a named firm of solicitors, and failed to stamp/ensure the stamping of the deeds of the above named client, in breach of regulation 6(4)(b) and 12(2)(a).
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Mary Miley
Mary Miley & Co, Solicitors, Brewery Place, Rathdrum, Co Wicklow
Date of Order18/01/2010In the matter of Mary Miley, solicitor, formerly practising as Mary Miley & Co, Solicitors, at Brewery Place, Rathdrum, Co Wicklow, and in the matter of the Solicitors Acts 1954-2002 [3916/DT66/07 and High Court record 2010 no 4SA]
Law Society of Ireland (applicant)
Mary Miley (respondent solicitor)
On 11 June 2008, the Solicitors Disciplinary Tribunal found the respondent solicitor guilty of misconduct in her practice as a solicitor in that she:
1) Gave undertakings to a lending institution in respect of the sale proceeds of property without the express or implied authority of the registered owner,
2) Failed to reply to correspondence from the solicitors for the lending institution concerned,
3) Withheld the land certificate from the solicitors for the registered owner without any lawful authority to do so,
4) Prejudiced the registered owner of the property by retaining the land certificate, thereby causing a delay in the sale of the property, resulting in a completion notice being served and specific performance proceedings being issued against the registered owner.
The tribunal ordered that the matter go forward to the High Court and, on 18 January 2010, the President of the High Court made the following orders:
1) That the name of the respondent solicitor shall be struck from the Roll of Solicitors,
2) That the respondent solicitor do make restitution to her former client in the amount of €225,515 within four weeks of the making of this order,
3) That the respondent solicitor, within 14 days of the making of this order, submit to the Society proposals to the satisfaction of the Society for the orderly disposition of all files and documents, including title deeds, in her possession or control or within her procurement arising from her practice as a solicitor,
4) That the respondent solicitor disclose on affidavit, within 14 days of the making of this order, what files and documents, including title deeds, are in her possession or control or within her procurement arising from her practice as a solicitor and the current whereabouts, or last known whereabouts, of any specific file or documentation or title deeds notified by the Society to her and, in particular, as detailed the affidavit on behalf of the Society sworn on 21 December 2009,
5) That the respondent solicitor make herself available before the court should the Society so require, on a specified date and at a specified time, for oral examination under oath in relation to the contents of any affidavit sworn by her pursuant to the order of the court,
6) If necessary, an order pursuant to section 8(1)(c)(v) of the 1960 act, as substituted and amended, that the respondent solicitor forthwith deliver up to the Society’s nominee all files and documents, including title deeds, in her possession or control or within her procurement arising from her practice as a solicitor, which files and documents to be dealt with by the Society pursuant to the provisions of section 19 of the Solicitors (Amendment) Act 1960, as amended by substitution by section 27 of the Solicitors (Amendment) Act 1994,
7) That the respondent solicitor, within 24 hours of the making of this order, surrender her passport to the Registrar of the High Court,
8) That the Law Society do recover the costs of the proceedings herein and the costs of the proceedings before the Solicitors Disciplinary Tribunal as against the respondent, to be taxed in default of agreement.
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Mary Miley
Mary Miley & Co, Solicitors, at Brewery Place, Rathdrum, Co Wicklow
Date of Order18/01/2010In the matter of Mary Miley, solicitor, formerly practising as Mary Miley & Co, Solicitors, at Brewery Place, Rathdrum, Co Wicklow, and in the matter of the Solicitors Acts 1954-2008 [3916/DT89/08 and High Court record 2010 no 6SA]
Law Society of Ireland (applicant)
Mary Miley (respondent solicitor)
On 10 March 2009, the Solicitors Disciplinary Tribunal found the respondent solicitor guilty of misconduct in her practice as a solicitor in that she:
1) Failed, up to 23 May 2007 or at all, to comply in full and in a timely manner with the undertaking given by her to Irish Nationwide Building Society (INBS) dated 18 December 2001 on behalf of her client, despite multiple requests by and on behalf of INBS seeking compliance with the said undertaking,
2) In particular, failed, up to 23 May 2007 or at all, to comply with the terms of the said undertaking, which required her “as soon as practicable” to stamp and register a mortgage deed/charge in favour of INBS and to lodge with INBS a duly stamped and registered mortgage deed and title documentation,
3) Failed to respond in a timely manner, or at all, to correspondence from INBS and the complainant (on behalf of INBS) requesting compliance with the said undertaking, and further failed to offer any explanation for her continued failure to comply with the terms of the said undertaking,
4) Failed to respond appropriately in a timely manner, or at all, to the Society’s correspondence in relation to the investigation of the complaint and, in particular, to the issues contained in the Society’s letter of 2 February 2007,
5) Failed to comply with the notice dated 15 January 2007 issued to her pursuant to section 10 of the Solicitors (Amendment) Act 1994 requiring her, within ten days of the date of service of the said notice, to deliver to a solicitor at the Society all documents in her possession, under her control, or within the procurement of her or her firm in connection with the matters relating to the complaint of the complainant, and failed to comply within the time frame specified therein or at all.
The tribunal ordered that the matter go forward to the High Court and, on 18 January 2010, the President of the High Court made the following orders:
1) That the name of the respondent solicitor shall be struck from the Roll of Solicitors,
2) That the respondent solicitor, within 14 days of the making of this order, submit to the Society proposals to the satisfaction of the Society for the orderly disposition of all files and documents, including title deeds, in her possession or control or within her procurement arising from her practice as a solicitor,
3) That the respondent solicitor disclose on affidavit, within 14 days of the making of this order, what files and documents, including title deeds, are in her possession or control or within her procurement arising from her practice as a solicitor and the current whereabouts, or last known whereabouts, of any specific file or documentation or title deeds notified by the Society to her and, in particular, as detailed in the affidavit on behalf of the Society sworn on 21 December 2009,
4) That the respondent solicitor make herself available before the court should the Society so require, on a specified date and at a specified time, for oral examination under oath in relation to the contents of any affidavit sworn by her pursuant to the order of the court,
5) If necessary, an order pursuant to section 8(1)(c)(v) of the 1960 act, as substituted and amended, that the respondent solicitor forthwith deliver up to the Society’s nominee all files and documents, including title deeds, in her possession or control or within her procurement arising from her practice as a solicitor, which files and documents to be dealt with by the Society pursuant to the provisions of section 19 of the Solicitors (Amendment) Act 1960, as amended by substitution by section 27 of the Solicitors (Amendment) Act 1994,
6) That the respondent solicitor, within 24 hours of the making of this order, surrender her passport to the Registrar of the High Court,
7) That the Law Society do recover for the costs of the proceedings herein and the costs of the proceedings as against the respondent solicitor before the Solicitors Disciplinary Tribunal, to be taxed in default of agreement.
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Mary Miley
Mary Miley & Co, Solicitors, at Brewery Place, Rathdrum, Co Wicklow
Date of Order18/01/2010In the matter of Mary Miley, solicitor, formerly practising as Mary Miley & Co, Solicitors, at Brewery Place, Rathdrum, Co Wicklow, and in the matter of the Solicitors Acts 1954-2008 [3916/DT90/08 and High Court record 2010 no 5SA]
Law Society of Ireland (applicant)
Mary Miley (respondent solicitor)
On 10 March 2009, the Solicitors Disciplinary Tribunal found the respondent solicitor guilty of misconduct in her practice as a solicitor in that she:
1) Failed to comply with an undertaking dated 28 October 2005 given to a lending institution on behalf of two clients,
2) Failed to reply to six letters from the solicitors for the lending institution between 22 November 2006 and 1 February 2007 inquiring about the position,
3) Failed to reply to correspondence from the Society endeavouring to investigate the complaint, being letters dated 14 February 2007, 1 March 2007, and 12 March 2007,
4) Failed to comply with a direction of the Complaint and Client Relations Committee on 28 March 2007 that she make a contribution of €500 towards the costs incurred by the Society as a result of her failure to respond to the Society’s inquiries,
5) Failed to respond to a letter dated 16 December 2005 from the solicitor previously acting for her clients,
6) Failed to protect the interests of her clients, the borrowers.
The tribunal ordered that the matter go forward to the High Court and, on 18 January 2010, the President of the High Court made the following orders:
1) That the name of the respondent solicitor shall be struck from the Roll of Solicitors,
2) That the respondent solicitor do make restitution to her former clients in the amount of €9,769 within four weeks of the making of this order,
3) That the respondent solicitor, within 14 days of the making of this order, submit to the Society proposals to the satisfaction of the Society for the orderly disposition of all files and documents, including title deeds, in her possession or control or within her procurement arising from her practice as a solicitor,
4) That the respondent solicitor disclose on affidavit, within 14 days of the making of this order, what files and documents, including title deeds, are in her possession or control or within her procurement arising from her practice as a solicitor and the current whereabouts, or last known whereabouts, of any specific file or documentation or title deeds notified by the Society to her and, in particular, as detailed in the affidavit on behalf of the Society sworn on 21 December 2009,
5) That the respondent solicitor make herself available before the court should the Society so require, on a specified date and at a specified time, for oral examination under oath in relation to the contents of any affidavit sworn by her pursuant to the order of the court,
6) If necessary, an order pursuant to section 8(1)(c)(v) of the 1960 act, as substituted and amended, that the respondent solicitor forthwith deliver up to the Society’s nominee all files and documents, including title deeds, in her possession or control or within her procurement arising from her practice as a solicitor, which files and documents to be dealt with by the Society pursuant to the provisions of section 19 of the Solicitors (Amendment) Act 1960, as amended by substitution by section 27 of the Solicitors (Amendment) Act 1994,
7) That the respondent solicitor, within 24 hours of the making of this order, surrender her passport to the Registrar of the High Court,
8) That the Society do recover for the costs of the proceedings herein and the costs of the proceedings as against the respondent solicitor before the Solicitors Disciplinary Tribunal, to be taxed in default of agreement.
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Mary Miley
Mary Miley & Co, Solicitors, Brewery Place, Rathdrum, Co Wicklow
Date of Order18/01/2010In the matter of Mary Miley, solicitor, formerly practising as Mary Miley & Co, Solicitors, at Brewery Place, Rathdrum, Co Wicklow, and in the matter of the Solicitors Acts 1954-2008 [3916/DT18/09 and High Court record 2010 no 8SA]
Law Society of Ireland (applicant)
Mary Miley (respondent solicitor)
On 17 June 2009, the Solicitors Disciplinary Tribunal found the respondent solicitor guilty of misconduct in her practice as a solicitor in that she:
1) Dishonestly held herself out as a person entitled to practise as a solicitor when she did not hold a current practising certificate,
2) Gave an undertaking to a named firm of solicitors by letter dated 30 August 2007 in circumstances where she did not hold a current practising certificate,
3) Gave an undertaking to a named firm of solicitors by letter dated 18 January 2008 in circumstances where she did not hold a current practising certificate,
4) Failed to reply to correspondence from a named firm of solicitors, dated 15 February 2008, 14 March 2008, 15 May 2008, 15 August 2008 and 4 September 2008,
5) Failed to comply with the undertaking given to a named firm of solicitors, dated 30 August 2007, in a timely manner or at all,
6) Failed to comply with the undertaking given to a named firm of solicitors, dated 18 January 2008, in a timely manner or at all.
The tribunal ordered that the matter go forward to the High Court and, on 18 January 2010, the President of the High Court made the following orders:
1) That the name of the respondent solicitor shall be struck from the Roll of Solicitors,
2) That the respondent solicitor, within 14 days of the making of this order, submit to the Society proposals to the satisfaction of the Society for the orderly disposition of all files and documents, including title deeds, in her possession or control or within her procurement arising from her practice as a solicitor,
3) That the respondent solicitor disclose on affidavit, within 14 days of the making of this order, what files and documents, including title deeds, are in her possession or control or within her procurement arising from her practice as a solicitor and the current whereabouts, or last known whereabouts, of any specific file or documentation or title deeds notified by the Society to her and, in particular, as detailed in the affidavit on behalf of the Society sworn on 21 December 2009,
4) That the respondent solicitor make herself available before the court should the Society so require, on a specified dated and at a specified time, for oral examination under oath in relation to the contents of any affidavit sworn by her pursuant to the order of the court,
5) If necessary, an order pursuant to section 8(1)(c)(v) of the 1960 act, as substituted and amended, that the respondent solicitor forthwith deliver up to the Society’s nominee all files and documents, including title deeds, in her possession or control or within her procurement arising from her practice as a solicitor, which files and documents to be dealt with by the Society pursuant to the provisions of section 19 of the Solicitors (Amendment) Act 1960, as amended by substitution by section 27 of the Solicitors (Amendment) Act 1994,
6) That the respondent solicitor, within 24 hours of the making of this order, surrender her passport to the registrar,
7) That the Law Society do recover for the costs of the proceedings herein and the costs of the proceedings as against the respondent solicitor before the Solicitors Disciplinary Tribunal, to be taxed in default of agreement.
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Mary Miley
Mary Miley & Co, Solicitors, Brewery Place, Rathdrum, Co Wicklow
Date of Order18/01/2010In the matter of Mary Miley, solicitor, formerly practising as Mary Miley & Co, Solicitors, at Brewery Place, Rathdrum, Co Wicklow, and in the matter of the Solicitors Acts 1954-2008 [3916/DT39/09 and High Court record 2010 no 3SA]
Law Society of Ireland (applicant)
Mary Miley (respondent solicitor)
On 16 July 2009, the Solicitors Disciplinary Tribunal found the respondent solicitor guilty of misconduct in her practice as a solicitor in that she:
1) Fraudulently obtained loans for her own personal benefit and use totalling, in or about, €570,000 from Secured Property Loans Ltd (SPL),
2) Fraudulently obtained/fraudulently assisted others to obtain further loans totalling, in or about, €425,000 from SPL,
3) Fraudulently held herself out as a person entitled to practise as a solicitor when she did not hold a practising certificate,
4) Dishonestly obtained a loan of, in or about, €220,000 from SPL on foot of a fraudulent loan application, which was made in her married name, Mary Ann Dore, and which contained false information,
5) Forged or falsified, or permitted to be forged or falsified, employment documentation, namely payslips and P60s, for use in support of the loan application(s) of Mary Ann Dore to SPL,
6) Dishonestly furnished/permitted to be furnished to SPL forged or false employment documentation in support of the loan application of Mary Ann Dore for €220,000, namely payslips in the name of Mary Dore and a P60 in the name of Mary Dore for the year ended 31 December 2005,
7) Forged or falsified, or permitted to be forged or falsified, the personal details page of a passport, or a copy thereof, for use in support of the loan application(s) of Mary Ann Dore,
8) Dishonestly furnished/permitted to be furnished to SPL a copy of a forged or falsified personal details page of a passport in support of the application of Mary Ann Dore for a loan of €220,000,
9) Forged or falsified, or permitted to be forged or falsified ESB bill(s), or copies thereof, for use in support of the loan application(s) of Mary Ann Dore,
10) Dishonestly furnished/permitted to be furnished to SPL a copy of a forged or false ESB bill in support of the loan application of Mary Ann Dore for a loan of €220,000,
11) Forged or falsified, or permitted to be forged or falsified, AIB Bank statements for use in support of the loan application(s) of Mary Ann Dore,
12) Dishonestly furnished/permitted to be furnished to SPL a forged or falsified AIB Bank Statement in support of the loan application of Mary Ann Dore for a loan of €220,000,
13) Forged or falsified, or permitted to be forged or falsified, a notification of grant of planning permission by Wexford County Council Planning Authority (no 20043915), or a copy thereof, for use in support of a loan application by Mary Ann Dore,
14) Dishonestly furnished/permitted to be furnished to SPL a copy of a forged or falsified notification of grant of planning permission in support of the loan application of Mary Ann Dore for a loan of €220,000,
15) Dishonestly failed to disclose to SPL that she and Mary Ann Dore were one and the same person and deliberately misled SPL and caused SPL to believe that she and Mary Ann Dore were separate individuals by completing/permitting the completion of loan applications in the name of Mary Ann Dore and purportedly acting as solicitor, in the name of Mary Miley, for the said Mary Ann Dore and fraudulently advising SPL that she had provided Mary Ann Dore with independent legal advice,
16) Fraudulently signed a solicitors certificate, which was furnished to SPL dated 7 July 2007, confirming that she had independently advised her client Mary Ann Dore (that is, herself),
17) Dishonestly signed, in the capacity of a witness to the signature of Mary Dore (that is, herself), a letter from Mary Dore to SPL dated 7 July 2006 confirming that Mary Dore had been provided with independent legal advice from Mary Miley with regard to the loan of €220,000 to be provided by SPL, which said letter was furnished to SPL,
18) Failed to comply with an undertaking dated 7 July 2006 given by her to SPL by which she, among other things, undertook to register a first charge in the name of SPL over the property provided as security for the loan of €220,000 to Mary Ann Dore,
19) Fraudulently stated in her undertaking dated 7 July 2006 to SPL that the title to the property offered as security for the loan was good and marketable and might be safely accepted by SPL, in circumstances where she knew that the borrower of the loan (that is, herself) did not have title to the property,
20) Fraudulently undertook to register, by way of security for the loan of €220,000 to Mary Ann Dore, a first charge in the name of SPL over a property at Co Wexford registered under folio 10374F, which said folio did not relate to the property being provided as security for the loan and further dishonestly signed a loan commitment letter issued by SPL to Mary Ann Dore that stated that the borrower, Mary Ann Dore, was the sole owner of a property registered under folio 10374F, knowing that this was untrue,
21) Dishonestly obtained a loan of €350,000 from SPL on foot of a fraudulent loan application, which was made in her married name, Mary Ann Dore, and which contained false information,
22) Dishonestly furnished/permitted to be furnished to SPL a copy of a forged or falsified personal details page of a passport in support of the application of Mary Ann Dore for a loan of €350,000,
23) Dishonestly furnished/permitted to be furnished to SPL forged or false employment documentation in support of the loan application of Mary Ann Dore for €350,000, namely payslips in the name of Mary Dore and two P60 forms in the name of Mary Dore for years ended 31 December 2005 and 31 December 2006,
24) Dishonestly furnished/permitted to be furnished to SPL a copy of a forged or falsified ESB bill in support of the loan application of Mary Ann Dore for a loan of €350,000,
25) Dishonestly furnished/permitted to be furnished to SPL a forged or falsified AIB Bank statement in support of the loan application of Mary Ann Dore for a loan of €350,000,
26) Fraudulently undertook to register, by way of security for the loan of €350,000 to Mary Ann Dore, a first charge in the name of SPL over property being part transferred from folio 20460F, which was registered to a named person, and further dishonestly signed a loan commitment letter issued by SPL to Mary Ann Dore that stated that the borrower, Mary Ann Dore, was sole owner of a property being part transferred from folio 20460F Wexford, knowing that same was not true,
27) Dishonestly signed, in the capacity of a witness to the signature of Mary Dore (that is, herself), a customer care booklet on 1 November 2007 declaring “I/we have not made any false statements to Secured Property Limited or omitted any matters that would affect the granting of a loan to myself/ourselves”, knowing the said declaration to be untrue,
28) Fraudulently furnished a solicitors certificate to SPL dated 1 November 2007 confirming that she had independently advised her client Mary Ann Dore (that is, herself),
29) Dishonestly signed, in the capacity of a witness to the signature of Mary Dore (that is, herself), a letter from Mary Dore to SPL dated 1 November 2007 confirming that Mary Dore had been provided with independent legal advice from Mary Miley with regard to the loan of €350,000 to be provided by SPL, which said letter was furnished to SPL,
30) Dishonestly furnished a solicitors certificate to SPL dated 1 November 2007 confirming that she had independently advised her client Mary Ann Dore (that is, herself),
31) Dishonestly furnished a solicitors certificate to SPL dated 1 November 2007, at which date she did not hold a current practising certificate,
32) Failed to comply with an undertaking dated 1 November 2007 given by her to SPL by which she, among other things, undertook to register a first charge in the name of SPL over a property provided as security for the loan of €350,000 to Mary Ann Dore and further undertook to execute a partial transfer of land from folio 20460F Co Wexford into a newly created Land Registry Folio at her earliest opportunity,
33) Fraudulently gave a solicitors undertaking dated 1 November 2007 when she did not hold a current practising certificate for that year, and which said undertaking stated that she was a solicitor licensed to practise in Ireland and a member of the firm of Mary Miley & Co,
34) Fraudulently obtained/fraudulently assisted in the obtaining of loan moneys of €55,000 from SPL,
35) Caused or permitted an application to be submitted to SPL for a loan in the amount of €55,000 to a named person, which contained false information and was accompanied by a forged or falsified valuation of the property being provided as security for the loan,
36) Failed to comply with an undertaking dated 25 January 2007 given by her to SPL by which she, among other things, undertook to register a first charge in the name of SPL over a property provided as security for the loan of €55,000 to a named person,
37) Fraudulently gave a solicitors undertaking dated 25 January 2007 when she did not hold a current practising certificate for that year and which said undertaking stated that she was a solicitor licensed to practise in Ireland and a member of the firm of Mary Miley & Co,
38) Fraudulently furnished a solicitors certificate to SPL dated 25 January 2007, at which date she did not hold a current practising certificate,
39) Fraudulently obtained/fraudulently assisted in the obtaining of loan moneys of €150,000 from SPL,
40) Caused or permitted an application to be submitted to SPL for a loan in the amount of €150,000 to a named person, which contained false information and was accompanied by a forged or falsified valuation of the property being provided as security for the loan,
41) Failed to comply with an undertaking dated 5 March 2007 given by her to SPL by which she, among other things, undertook to register a second charge in the name of SPL over a property provided as security for the loan of €150,000 to a named person,
42) Fraudulently gave a solicitors undertaking dated 5 March 2007 when she did not hold a current practising certificate for that year and which said undertaking stated that she was a solicitor licensed to practise in Ireland and a member of the firm of Mary Miley & Company,
43) Fraudulently furnished a solicitors certificate to SPL dated 5 March 2007, at which date she did not hold a current practising certificate,
44) Fraudulently obtained/fraudulently assisted in the obtaining of loan moneys of €220,000 from SPL on or about 7 February 2008,
45) Caused or permitted an application to be submitted to SPL for a loan in the amount of €220,000 to a named person, which contained false information,
46) Caused or permitted an application to be submitted to SPL for a loan in the amount of €220,000 to a named person, which was accompanied by a copy of a forged or falsified driving licence,
47) Caused or permitted an application to be submitted to SPL for a loan in the amount of €220,000 to a named person, which was accompanied by forged or false supporting employment documentation, namely a P60 and payslips,
48) Dishonestly gave an undertaking dated 5 February 2008 to SPL stating that the property being provided as security for the loan to her client was at Wicklow Town, Co Wicklow, registered under stated folio number Co Wicklow and undertaking to register a first charge in the name of SPL over same, in circumstances where she knew/ought to have known that the property was not owned by the said client,
49) Fraudulently gave a solicitors undertaking dated 5 February 2008 when she did not hold a current practising certificate for that year and which said undertaking stated that she was a solicitor licensed to practise in Ireland,
50) Dishonestly furnished a solicitors certificate to SPL dated 5 February 2008, at which date she did not hold a current practising certificate,
51) Failed to comply with an undertaking dated 5 February 2008 given by her to SPL by which she undertook, among other things, to register a first charge in the name of SPL over a property provided as security for the loan of €220,000 to a named client,
52) Failed to obtain run-off cover for the years 2007 and 2008, as required by the Professional Indemnity Insurance Regulations 1995 (SI 312/1995), having ceased practice at the end of December 2006.
The tribunal ordered that the matter go forward to the High Court and, on 18 January 2010, the President of the High Court made the following orders:
1) That the name of the respondent solicitor shall be struck from the Roll of Solicitors,
2) That the respondent solicitor do make restitution to Secured Property Loans Limited in the amount of €1.25 million,
3) That the respondent solicitor, within seven days of the making of this order, submit to the Society proposals to the satisfaction of the Society for the orderly disposition of all files and documents, including title deeds, in her possession or control or within her procurement arising from her practice as a solicitor,
4) That the respondent solicitor disclose on affidavit, within 14 days of the making of this order, what files and documents, including title deeds, are in her possession or control or within her procurement arising from her practice as a solicitor and the current whereabouts, or last known whereabouts, of any specific file or documentation or title deeds notified by the Society to her and, in particular, as detailed in the affidavit on behalf of the Society sworn on 21 December 2009 and filed on 6 January 2010,
5) That the respondent solicitor make herself available before the court should the Society so require, on a specified date and at a specified time, for oral examination under oath in relation to the contents of any affidavit sworn by her pursuant to the order of the court,
6) If necessary, an order pursuant to section 8(1)(c)(v) of the 1960 act, as substituted and amended, that the respondent solicitor forthwith deliver up to the Society’s nominee all files and documents, including title deeds, in her possession or control or within her procurement arising from her practice as a solicitor, which files and documents to be dealt with by the Society pursuant to the provisions of section 19 of the Solicitors (Amendment) Act 1960, as amended by substitution by section 27 of the Solicitors (Amendment) Act 1994,
7) That the respondent solicitor, within 24 hours of the making of this order, surrender her passport to the Registrar of the High Court,
8) That the Law Society do recover the costs of the proceedings herein and the costs of the proceedings before the Solicitors Disciplinary Tribunal as against the respondent, to be taxed in default of agreement,
9) That the Registrar of the High Court do refer the papers in the matter to the Director of Public Prosecutions to enquire into the matters contained therein.
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Mary Miley
Mary Miley & Co, Solicitors, Brewery Place, Rathdrum, Co Wicklow
Date of Order18/01/2010In the matter of Mary Miley, solicitor, formerly practising as Mary Miley & Co, Solicitors, at Brewery Place, Rathdrum, Co Wicklow, and in the matter of the Solicitors Acts 1954-2008 [3916/DT49/09 and High Court record 2010 no 7SA]
Law Society of Ireland (applicant)
Mary Miley (respondent solicitor)
On 22 September 2009, the Solicitors Disciplinary Tribunal found the respondent solicitor guilty of misconduct in her practice as a solicitor in that she:
1) Failed to respond satisfactorily to the complainant’s correspondence requesting a comprehensive statement of account, properly vouched, in respect of the disbursement of funds of in or around €86,620.09 received by her on behalf of her former client,
2) Failed, up to the expiration of the stay of 21 days imposed by the committee on 20 June 2007, to provide a comprehensive statement of account, properly vouched, in respect of the disbursement of funds of in or around €86,620.09 received by her on behalf of her former client to the complainant.
The tribunal ordered that the matter go forward to the High Court and, on 18 January 2010, the President of the High Court made the following orders:
1) That the name of the respondent solicitor shall be struck from the Roll of Solicitors,
2) That the respondent solicitor, within 14 days of the making of this order, submit to the Society proposals to the satisfaction of the Society for the orderly disposition of all files and documents, including title deeds, in her possession or control or within her procurement arising from her practice as a solicitor,
3) That the respondent solicitor disclose on affidavit, within 14 days of the making of this order, what files and documents, including title deeds, are in her possession or control or within her procurement arising from her practice as a solicitor and the current whereabouts, or last known whereabouts, of any specific file or documentation or title deeds notified by the Society to her and, in particular, as detailed in the affidavit on behalf of the Society sworn on 21 December 2009,
4) That the respondent solicitor make herself available before the court should the Society so require, on a specified date and at a specified time, for oral examination under oath in relation to the contents of any affidavit sworn by her pursuant to the order of the court,
5) If necessary, an order pursuant to section 8(1)(c)(v) of the 1960 act, as substituted and amended, that the respondent solicitor forthwith deliver up to the Society’s nominee all files and documents, including title deeds, in her possession or control or within her procurement arising from her practice as a solicitor, which files and documents to be dealt with by the Society pursuant to the provisions of section 19 of the Solicitors (Amendment) Act 1960, as amended by substitution by section 27 of the Solicitors (Amendment) Act 1994,
6) That the respondent solicitor, within 24 hours of the making of this order, surrender her passport to the registrar,
7) That the Law Society do recover for the costs of the proceedings herein and the costs of the proceedings as against the respondent solicitor before the Solicitors Disciplinary Tribunal, to be taxed in default of agreement.
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Gerard Corcoran
James H Powell & Son, Solicitors, at East Green, Dunmanway, Co Cork
Date of Order11/01/2010In the matter of Gerard Corcoran, a solicitor previously carrying on practice as James H Powell & Son, Solicitors, at East Green, Dunmanway, Co Cork, and in the matter of the
Solicitors Acts 1954 to 2008 [5559/DT22/09 and High Court record 2009 no 110SA]
Law Society of Ireland (applicant)
Gerard Corcoran (respondent solicitor)
On 17 November 2009, the Solicitors Disciplinary Tribunal found the respondent solicitor guilty of misconduct in his practice as a solicitor in that he:
a) Caused or allowed a deficit of €340,645 to occur on the client account as of 31 July 2008,
b) Failed to maintain proper books of account, with the result that the books of account did not show the true clients’ funds position as of 31 July 2008,
c) Misappropriated clients’ money totalling €337,962 as of 31 July 2008,
d) Concealed his misappropriation of clients’ money through teeming and lading in the books of account,
e) Initially denied that he had borrowed or taken clients’ money (before subsequently going on to disclose that he had misappropriated clients’ money),
f) Incorrectly took client’s money of €96,500 from a named client’s ledger account to another client’s ledger account where it helped to partly clear a debit balance of €152,495.10 on another client’s ledger account and, as a result, left a shortfall of €96,500 on the named client’s ledger account,
g) Subsequently incorrectly took the sum of €93,816.69 from another named client’s ledger account and used it to clear part of the shortfall on the client ledger account of the client mentioned at (f),
h) Incorrectly caused a debit balance of €81,013.08 on the client’s ledger account mentioned at (g) when he transferred the above sum of €93,816.69 therefrom,
i) Caused transfers to be made between accounts in the clients’ ledger without maintaining supporting documents to enable the transfers to be appropriately vouched, in breach of the regulations,
j) Caused entries in the books of accounts to be backdated from March 2008 to October 2007, with the result that a debit balance of approximately €337,000 on the ledger account of a named client was concealed.
The tribunal ordered the Society to bring the matter forward to the High Court and, on Monday 11 January 2010, the President of the High Court ordered:
1) That the respondent solicitor should not be permitted to practise as a sole practitioner or in partnership, that he be permitted only to practise as an assistant solicitor or consultant in the employment and under the direct control and supervision of another solicitor of at least ten years’ standing, to be approved in advance by the Law Society of Ireland,
2) That the Law Society do recover the costs of the proceedings in the High Court and the costs of the proceedings before the Solicitors Disciplinary Tribunal, to include witness expenses as against the respondent when taxed or ascertained.