A Cork solicitor has been prohibited by the High Court from practising even though he has indicated to the Law Society he is going to retire this week and close his office.
The Legal Services Regulatory Authority (LSRA) sought an order from the court that John Moylan, of Richard Moylan & Co Solicitors, Shortcastle Street, Mallow, Co Cork be censured and prohibited from practising as a legal practitioner otherwise than as an employee.
This came after the Legal Practitioners Disciplinary Tribunal last year made two findings of misconduct against Moylan.
This followed an inquiry into allegations that the solicitor had failed to take any adequate steps to register an enduring power of attorney for an elderly man in a nursing home or to reply adequately or at all to correspondence or phone calls from a member of the man’s family.
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In an affidavit to the court, Antony Watson, LSRA Head of Complaints, Investigations and Resolutions, said the tribunal considered the sanction necessary to protect the public, maintain the reputation of the solicitors profession, to punish Moylan and to discourage him and other members of the profession from repeating or emulating the misconduct.
High Court president Judge David Barniville said he was satisfied that the sanction was appropriate and proportionate.
Moylan will also have to pay €1,500 as restitution to the woman who had complained that the solicitor had failed to register an enduring power of attorney for her grandfather.
Moylan (72), who has been a solicitor for 48 years, has indicated he is to retire on Friday this week and was liaising with the Law Society in relation to a wind down of his practice, the court heard.
Earlier, during a separate application by the Law Society, the judge was told that Moylan had indicated he intended to retire from the practice this week, but the Law Society needed an order from the court so it could take control of the solicitor’s practice and facilitate an orderly wind down.
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Moylan was consenting to the orders sought. The judge said he was satisfied the orders sought were appropriate.
On the LSRA matter before the court, Watson in his affidavit said the tribunal held an inquiry into two allegations in relation to the complaint.
Watson said Moylan indicated that he admitted the facts. He had been instructed by a man in the summer of 2020 to prepare an enduring power of attorney. It was to be registered when the man lost capacity. Moylan was informed in July 2022 that the man had lost capacity and the solicitor was asked by his granddaughter to register the enduring power of attorney.
Moylan failed to reply adequately or at all to correspondence from the man’s granddaughter or to return her calls and emails sent between August 2022 and December 2022, it was claimed.
The woman gave evidence to the inquiry about her grandfather’s declining health and the need to discharge his nursing home bills.
Watson said the tribunal found the allegations were proven as to fact and “proven as to misconduct being an act or omission connected with the provision by the solicitor of legal services which were to a substantial degree of an inadequate standard”.
He said the tribunal gave its reasons for making the recommendations before the High Court, including that the findings of misconduct were serious and went to the protection of the public. While the tribunal gave credit to Moylan for his admissions as to fact, it was of the opinion that his insight was limited.
It also noted Moylan had been practising for a long period, had no finding of misconduct until 2022 and was close to retirement.
Moylan’s previous disciplinary history, Watson said, was considered by the tribunal as an aggravating factor. The tribunal did not recommend suspension because Moylan was close to retirement and intended to wind down his practice.
