A SOLICITOR allegedly involved in an “elaborate charade” to misappropriate money received in settlement of client actions was warned yesterday he could face imprisonment over his failure to provide the Law Society with a statement of his means.
Michael J Murphy, formerly practising as M J Murphy and Co, Lower Salthill, Galway, was already facing striking off proceedings after being found guilty of professional misconduct over his alleged misuse of client money.
The High Court heard the Law Society was prepared to bring attachment and committal to prison proceedings against him over his failure to comply with his undertaking to the court last month to provide an affidavit containing a statement of his means.
Mr Justice Nicholas Kearns, the President of the High Court, was given a letter from Mr Murphy stating he would be unable to attend court yesterday because of a hospital appointment.
Paul Anthony McDermott, for the Law Society, said Mr Murphy was to have had the affidavit of means filed by January 18th last.
Mr Justice Kearns said he was unimpressed by Mr Murphy’s last-minute medical appointment and he was directing Mr Murphy to attend court next week and provide evidence of that appointment.
The judge was told the Law Society would move to begin attachment and committal proceedings next week.
The court heard last month that a solicitors’ disciplinary tribunal had found Mr Murphy set up a system of dealing with funds from personal injury settlements for clients whereby they were misappropriated for Mr Murphy’s own use.
Mr McDermott said the system could only be described as an “elaborate charade” and the tribunal had found he “rode roughshod” over the regulations governing solicitors in these matters.
Mr Murphy’s only response to the allegations was that it was very difficult to explain why he had done it, Mr McDermott said.
The Law Society wanted a statement of means before any strike-off order was made by the court, because it needed to know what means he had available to pay compensation to the clients.