Solicitor struck off over ‘repeated disgraceful’ conduct

A solicitor has been struck off over what the High Court court heard was “repeated disgraceful” conduct involving a number of clients being left without money due to them or any explanations about what happened to it.

Aiden Barry, formerly practising as Aiden Barry Solicitor, Bank Place, Limerick, failed to register a charge on a property and to transfer €50,000 from the transaction to a third party in accordance with his client's instructions, the court was told. As a result, the client was exposed to civil litigation for the €50,000 along with interest and costs, Law Society regulation department solicitor David Irwin said in an affidavit.

Mr Barry failed to pay stamp duty on behalf of the same client in relation to the purchase of a site in Co Clare despite being given the funds to do so, Mr Irwin said.

'Brick wall'
Another client, for whom Mr Barry acted in the sale of his share in a bar in 2005, complained to the Law Society the solicitor failed to provide him with a breakdown of legal fees and was met with a "brick wall" when asked.

Due to this failure to provide information to show what had happened with the sale, the client was later unable to obtain social welfare assistance and had to move back into his mother’s home, the client told a Solicitors Disciplinary Tribunal inquiry.

In another case, Mr Barry failed to refund €18,000 relating to the purchase of a site for a company in Munster. The client complained that, because of matters not being attended to by Mr Barry and due to flawed deeds, the company lost one of its biggest customers.

The judge also struck off Daniel Downes, practising as O'Dea and Co Solicitors, Eyre Square, Galway; Cindy McCarthy Yates, previously practising as McCarthy Solicitors, Market Square, Bandon, Co Cork; and Elizabeth McGrath, Athlunkard Street, Limerick.