Solicitor Disciplinary Tribunal Decisions

Introduction

Welcome to the Irish Claims Board’s solicitor disciplinary records page. We believe that understanding solicitor conduct is crucial for anyone navigating the claims process. Remember, the Irish Claims Board offers a free assessment on claims—we should be your first port of call before engaging a solicitor. Our expert team is here to provide clear, unbiased advice, empowering you to make informed decisions without cost or commitment. This page highlights disciplinary records to help you stay aware of solicitor conduct and choose trustworthy professionals when needed.

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Details for Patrick McGonagle

Name

Patrick McGonagle

Address

previously practising at 1 Main Street, Dundrum, Dublin 14

Date of Order

07/12/2021

Decision

In the matter of Patrick McGonagle, a solicitor previously practising as McGonagle Solicitors, 1 Main Street, Dundrum, Dublin 14, and in the matter of the Solicitors Acts 1954-2015[2020/DT03 and High Court record 2022 no 53 SA]

Law Society of Ireland (applicant)

Patrick McGonagle (respondent solicitor)

 

On 7 December 2021, the Solicitors Disciplinary Tribunal found the respondent solicitor guilty of professional misconduct, in that he:

1)    Failed to keep any or adequate books of account together with relevant supporting documents, as required by regulation 13 of the Solicitors Accounts Regulations 2014,

2)    Failed to record transactions relating to clients in the office account, in an office cash book, or client ledgers, in breach of regulation 13(7) of the Solicitors Accounts Regulations,

3)    Allowed a deficit in client funds of €74,164.80 as of 30 June 2019, reduced to €42,417.77 as of 31 October 2019,

4)    Allowed unauthorised transfers between unrelated client ledger accounts, in breach of regulation 10 of the Solicitors Accounts Regulations,

5)    Allowed debit balances of €18,613.24 to occur on the client account as of 31 October 2019, in breach of regulation 7(2)(a) of the Solicitors Accounts Regulations,

6)    Allowed an unexplained difference of €34,821 in the client control account in the closing figures as at 30 June 2019 and the opening balances as at 1 July 2019,

7)    Withdrew costs from the client account that were not lodged to the office account, in breach of regulation 9(2) of the Solicitors Accounts Regulations,

8)    Took monies for fees when not properly due, in breach of regulation 7(1)(a)(iii) of the Solicitors Accounts Regulations,

9)    Paid office overheads from the client account, in breach of regulation 7(2)(b) of the Solicitors Accounts Regulations,

10) Failed to complete balancing statements every six months within two months of the balancing date, in breach of regulation 13(8) of the Solicitors Accounts Regulations,

11) Failed to complete balancing statements for office transactions on a yearly basis within two months of the balancing date, in breach of regulation 13(9) of the Solicitors Accounts Regulations,

12) Failed to maintain nominal office accounts, in breach of regulation 13(7)(d) of the Solicitors Accounts Regulations,

13) Failed to record as a debit, on the office side of relevant ledger accounts, the amount of the professional fees in any bill of costs furnished to a client, in breach of regulation 11(4) of the Solicitors Accounts Regulations.

 

The disciplinary tribunal ordered that the Law Society bring the findings and report before the High Court. On 20 June 2022, the High Court ordered that:

1)    The name of the respondent solicitor be struck off the Roll of Solicitors,

2)    The respondent solicitor pay a sum of €1,500 towards the compensation fund,

3)    The respondent solicitor pay a contribution of €3,112 towards the whole of the costs of the Law Society in the disciplinary proceedings,

4)    The respondent solicitor pay measured costs of €1,774 in respect of the High Court proceedings.