A SOLICITOR disciplined eight times in the last 10 years for misconduct has asked the High Court not to strike him off for several reasons, including that no one had lost money as a result of his actions and the “ignominy” of such a position in a small town.
Colm Murphy, who formerly practised as Colm Murphy and Co, Market Street, Kenmare, and as Murphy’s of Chapel Street, Killarney, Kerry, yesterday asked the president of the High Court Mr Justice Richard Johnson not to implement a recommendation of the Solicitors Disciplinary Tribunal that he be struck off.
The judge will give his decision at a later date.
It was argued on behalf of Mr Murphy, of Claddanure, Kenmare, he had not engaged fully with the large number of complaints against him since 1999 because of a bi-polar affective disorder which manifested itself following investigations by the Law Society into his practice 10 years ago.
Mr Murphy’s wife and lawyers said he had received ongoing treatment and medication before his condition was stabilised.
Mr Murphy’s wife Áine spoke of the effect on the family of rumours about her husband since 2001 about the problems he was having at that time.
In an affidavit, Mr Murphy said he “did not want to to suffer the ignominy of being a struck-off solicitor in a small town”.
Paul Anthony McDermott, for the Law Society, said Mr Murphy had denied charges, changed his stories about why he did certain things, refused to attend hearings, abused members of the Law Society and other solicitors, and had threatened to take High Court proceedings.
Brendan Nix SC, for Mr Murphy, said there had been a “certain tyranny” about the way the society had treated his client.
There was no money missing as a result of what he had done, no members of the public had lost money, and there were no claims against him under the solicitors’ compensation fund, Mr Nix said.
He had “learned his lesson” and there was no need to strike him off.