Barrister seeks to stop sanctions over breach of code of conduct

A barrister has launched a High Court action aimed at preventing an internal disciplinary tribunal from imposing sanctions on him.

The action has been brought by Alan Toal BL, who claimed in court yesterday that he faced being suspended from practising as a barrister after a tribunal had found he breached the barristers’ code of conduct.

The breaches included that Mr Toal, from Arklow, Co Wicklow, had taken money directly from a client for legal services, that he failed to properly engage with internal inquiries and that he had berated the former client at a consultation.

Mr Toal, who mainly practised in criminal law, claimed the tribunal was not entitled to make any findings arising out of a complaint made against him by the former client. He alleged he was not afforded fair or proper procedures at a number of internal disciplinary hearings concerning the allegations.

He also claimed certain matters which should have been taken into account, including his ongoing health problems, were not properly considered and feared that if suspended his good name and reputation, built up over 20 years in practice as a barrister, would be destroyed.

Mr Justice Brian Cregan granted Mr Toal leave to serve short service of proceedings against the Honorable Society of Kings Inns Barristers Disciplinary Tribunal, the General Council of the Bar Council of Ireland, the Professional Practises Committee of the Bar Council and the Barristers Professional Conduct Tribunal.

The application was made ex-parte where only one side was legally represented. The judge, who noted that serious issues had been raised by Mr Toal, made the matter returnable to tomorrow.