An "idealistic and naive" solicitor has been given a three-year suspended sentence for defrauding two clients of £40,000 to pay his debts. Clare solicitor Christopher Forde had "considerable debts even before he qualified", said defence counsel Mr Barry White SC. `He was not a businessman and he was not capable or competent at managing his own affairs," he told Dublin Circuit Criminal Court.
His solicitor's practice had been sold and Forde had given an undertaking not to work as a solicitor again. The victims had been compensated by the Incorporated Law Society, said Mr White.
Forde (40), of Inch, Ennis, Co Clare, pleaded guilty in October to fraudulently converting cheques valued at £25,000 and £15,000 on dates unknown from July 1992, to January 1993. He also pleaded guilty to forging another person's name on the cheque for £15,000 with intent to defraud in 1992.
Judge Joseph Mathews said: "I have to mark the gravity of the offences which have stained the solicitors' profession with dishonour." However, he said this had to be balanced with Forde's personal circumstances. The court had received a number of testimonials on his behalf, including one from the Bishop of Killaloe, Dr William Walsh.
A probation report highlighted that Forde was "idealistic and naive as opposed to malicious and cunning".
Det Garda Aidan Harrington told Mr Maurice Gaffney SC that Forde had acted for a Mr John Reynolds who was awarded £25,000 and costs in a personal injuries action. Forde told Mr Reynolds he would receive his money in a few weeks. Two cheques, covering the award and costs, were sent to Forde's office and he used the money to pay his debts. Mr Reynolds was "repeatedly put off and put off."
A second client, Mr Raymond Casey, received approval for a loan for a house from a building society and one cash instalment was paid to a building firm. A difficulty arose and Forde was told by Mr Casey that no further money should be paid until the matter was resolved.
Mr Casey later became aware that a £15,000 cheque had been sent to Forde by the ACC. Mr Casey told Forde to return the cheque as he did not want to be paying interest on the amount.
Mr Gaffney said Mr Casey took it that "his solicitor would do as he had been directed". However, he later received a demand for an interest payment. When he did not get any satisfaction from Forde, Mr Casey contacted the Incorporated Law Society and a complaint was made to the Garda.