Tribunal finds three solicitors guilty of misconduct

THREE SOLICITORS have been found guilty of misconduct at a hearing of the Solicitors' Disciplinary Tribunal.

One of the solicitors, David O'Shea, who was a junior partner in O'Donovan Solicitors on Capel Street, is to face a further hearing on a separate matter today.

The two others with whom he had worked were also found guilty yesterday of misconduct. They are Cathal O'Donovan and Patrick Crowley.

Michelle Dolan of Patrick Groarke and Co, representing Mr O'Shea, applied for an adjournment of a further disciplinary hearing against her client scheduled for this morning.

The tribunal rejected her application.

The tribunal made its findings after Seán Ó Síothcháin, counsel for Mr Crowley and Mr O'Donovan, withdrew from the case with his clients.

Mr Ó Síothcháin had applied for the proceedings to be adjourned because a witness he wished to call was unavailable.

However, the tribunal rejected the application.

Chairman Frank Daly said the case had been adjourned on three previous occasions and Mr Ó Síothcháin could have subpoenaed his witness.

Nessa Bird, acting for the Law Society with solicitor David Irwin, told the tribunal that allegations against the three men's practice included that the solicitors had carried out personal transactions through their clients' accounts.

The men also raised a €1 million loan from Anglo Irish Bank on the strength of fees due to be paid for work carried out on behalf of a religious order. This was processed through a client account.

Mr O'Shea, who joined the practice in 2004 and left in March 2008, accepted that part of the loan was transferred to him.

He also accepted that although he was a junior partner in the practice, he was jointly responsible for ensuring that regulations governing solicitors were conformed with.

Ms Bird said the practice had failed to maintain separate client accounts and had also withdrawn expenses in cash from client accounts, which was against regulations.

"I had absolutely no involvement in those matters," Mr O'Shea said, "but I would have to accept there was a breach."

Ms Bird said Mr O'Donovan and Mr Crowley had made personal payments from client accounts to various entities and had also failed to furnish bills of costs to some clients. Some costings were furnished retrospectively after the Law Society began its investigations, she said.

The tribunal also heard that Mr O'Shea and Mr O'Donovan were found guilty of misconduct in December 2007 and May 2005 respectively for separate breaches.

The tribunal noted that Mr O'Shea was a junior in the practice and ruled that he should be "admonished" and that he should pay €500 to the society's compensation fund.

"This is a lesson and a warning to all solicitors who enter into partnership," Mr Daly said.

Mr Daly said there never was a danger that clients' money would go missing, however, Mr O'Donovan and Mr Crowley had "knowingly and consistently breached regulations".

He also said the tribunal was concerned at a pattern of breaching section 68 of the Solicitors (Amendment) Act 1994, which requires solicitors to provide written details of charges to their clients.

The tribunal directed the Law Society to bring the cases of Mr O'Donovan and Mr Crowley to the High Court with a recommendation that Mr Crowley be censured and fined €30,000 and that Mr O'Donovan be censured and fined €35,000 and that both solicitors pay the Law Society's costs.