A suspended Co Roscommon solicitor, Declan O’Callaghan, has been ordered to appear before a District Court next month to answer questions about his means arising from his failure to pay a €70,000 judgment obtained against him.
Solicitors John TD O’ Dwyer and Evan O’Dwyer, of O’Dwyer Solicitors, Bridge Street, Ballyhaunis, Co Mayo, obtained that judgment against Mr O’Callaghan at Galway Circuit Court in late 2018 over unpaid legal fees.
Mr O’Callaghan, who formerly practised at Pound Street, Ballaghaderreen, Co Roscommon, had consented to the judgment, which was registered by the O’Dwyers in early 2019 against several properties in Dublin, Mayo and Roscommon.
Arising from Mr O’Callaghan’s alleged failure to pay on foot of the judgment, the O’Dwyers have obtained orders to have him examined before Ballaghaderreen District Court on September 9th next about his means.
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The O’Dwyers were permitted to serve notice of the proceedings on Mr O’Callaghan via notices in two local newspapers and via the offices of Staunton Caulfield & Co law firm in Castlerea, Co Roscommon, where his daughter Aoife O’Callaghan is principal.
That application was brought because the O’Dwyers had been unable to serve proceedings on Mr O’Callaghan at a number of addresses.
In December 2018, Mr O’Callaghan consented to High Court orders freezing his accounts below €1.06 million, as well as orders effectively aimed at winding up his former practice at Ballaghaderreen.
The consent orders provided Mr O’Callaghan would remain suspended from practice and for him to provide a sworn statement of his assets. They also provided for steps to achieve sale of three properties – his family home in Ballaghaderreen, a townhouse in Portugal and a property at Arran Quay, Dublin – with proceeds going towards clearing the deficit on the account of the Kilraine O’Callaghan practice at Pound Street, Ballaghaderreen.
According to the property website myhome.ie this week, Mr O’Callaghan’s family home, a substantial five-bedroom, seven-bathroom detached property at Ardeeven, Ballaghaderreen, which includes a bar and games room, has a current status of “sale agreed”. It is understood the other two properties were sold on earlier dates.
When making the December 2018 orders, then High Court president Mr Justice Peter Kelly noted the Law Society had alleged dishonesty against Mr O’Callaghan but he has consistently denied any dishonesty. That issue would be adjudicated on in due course by the Solicitors Disciplinary Tribunal (SDT), he said.
In seeking the account-freezing orders, the society said it was concerned the deficit on the practice account may be almost €1 million, excluding a refund by Mr O’Callaghan earlier in 2018 of €344,000 in alleged “exorbitant” fees and costs taken from the estate of a bereaved child, plus his refund to some €80,000 to a widowed mother of three in alleged excessive fees.
The society was concerned some of the refunded monies appear to have come from the accounts of other clients, the court was told.
Mr O’Callaghan’s counsel Gabriel Gavigan SC said Mr O’Callaghan had paid some €671,000 at that stage towards clearing the deficit and was determined to honour his undertaking to ensure no client of the practice will be at a loss.
At a hearing before the SDT in November 2019, Mr O’Callaghan admitted an allegation of unlawfully retaining client funds concerning a house sale and was ordered to pay €10,000 into the Law Society compensation fund.
Mr O’Callaghan has appealed the High Court’s 2020 refusal to prohibit a separate inquiry by the SDT into allegations of professional misconduct against him by a company, Nirvanna Property Holdings Ltd, over the handling of a €250,000 land sale. That appeal is due to be heard at the Court of Appeal in December next.
