THE HIGH Court has struck off two solicitors for professional misconduct, including one who caused or allowed the signature of a dead woman to be forged on a property transaction document.
That solicitor, Michael Mooney, who formerly practised as Osborne, MacGettigan and Co, Milford, Donegal, said the only explanation he had for the forgery was a typist in his office had “made a mess” of the original document which had to be thrown out. Mr Mooney, who sold his practice in December 2007, was found guilty by the Solicitors Disciplinary Tribunal of 18 counts of misconduct.
These included avoiding stamp duty on a number of property transactions by updating deeds, making client account cheques payable to banks without payee details, discharging personal and office expenditure from his personal money in his client account and allowing dormant balances to accumulate in his clients’ ledger.
A second solicitor, disciplined eight times for misconduct, was also struck off.
Colm Murphy, who formerly practised as Colm Murphy and Co, Market Street, Kenmare, and as Murphy’s of Chapel Street, Killarney, Kerry, was not a fit person to be a solicitor, Mr Justice Richard Johnson ruled. Mr Justice Johnson said while he had heard Mr Murphy was suffering from a mental condition, the judge said he was not satisfied Mr Murphy’s attitude to the Law Society had changed “despite the evidence given by his wife.” The court heard Mr Murphy would be appealing the strike off order to the Supreme Court.