Solicitor Disciplinary Tribunal Decisions

Details for James (Seamus) Doody

Name

James (Seamus) Doody

Address

Doody Solicitors, 21 South Mall, Cork

Date of Order

18/10/2019

Decision

In the matter of James (Seamus) Doody, solicitor, practising in Doody Solicitors, 21 South Mall, Cork, and in the matter of an application by the Law Society of Ireland to the Solicitors Disciplinary Tribunal [6285/DT172/15, 6285/DT173/15, 6285/DT174/15, 6285/DT175/15, 6285/DT176/15 and 6285/DT177/15; High Court record 2019/13SA]

Law Society of Ireland (applicant)

James (Seamus) Doody (respondent solicitor)

On 31 July 2018, the Solicitors Disciplinary Tribunal found the respondent solicitor guilty of misconduct in his practice as a solicitor in the following matters.

6285/DT172/15

In respect of complaint one:

1) Failed to comply, up to the date of expiry of the stay on referral to the tribunal, with part or all of an undertaking dated 12 March 2001 in respect of a named property in a timely manner or at all,

2) Failed to respond adequately or at all to some or all of the correspondence sent to him by the complainant, including a letter dated 3 October 2011,

3) Repeatedly failed to respond adequately or at all to some or all of the correspondence sent to him by the Society, including letters dated 27 September 2012, 15 October 2012, 7 January 2013, 21 January 2013, 20 February 2013, 13 March 2013, 3 May 2013, 24 June 2013, 10 July 2013, 17 September 2013, 20 November 2013 and 6 December 2013,

4) Failed to comply with a direction of the Complaints and Client Relations Committee dated 28 January 2014 to provide detailed information in relation to the file and to provide the Society with an update no later than 25 February 2014.

In respect of complaint two:

1) Failed to comply, up to the date of expiry of the stay on referral to the tribunal, with part or all of an undertaking to the complainant dated 31 May 2004 in respect of a named property in a timely manner or at all,

2) Repeatedly failed to respond adequately or at all to some or all of the correspondence sent to him by the complainant, including letters dated 22 June 2011 and 11 April 2012,

3) Repeatedly failed to respond adequately or at all to some or all of the correspondence sent to him by the Society, including letters dated 15 October 2012, 7 January 2013, 21 February 2013, 28 March 2013, 19 April 2013, 8 May 2013, 9 August 2013, 19 September 2013, 20 November 2013 and 6 December 2013,

4) Failed to comply with a direction of the Complaints and Client Relations Committee dated 28 January 2014 to provide detailed information in relation to the file and to provide the Society with an update no later than 25 February 2014.

In respect of complaint three:

1) Failed to comply, up to the date of expiry of the stay on referral to the tribunal, with part or all of an undertaking to the complainant dated 7 November 2007 in respect of a named property in a timely manner or at all,

2) Failed to respond adequately or at all to some or all of the correspondence sent to him by the complainant, including a letter dated 8 August 2011,

3) Repeatedly failed to respond adequately or at all to some or all of the correspondence sent to him by the Society, including letters dated 15 October 2012, 26 February 2013, 25 March 2013, 17 May 2013, 16 August 2013, and 18 September 2013,

4) Failed to comply with a direction of the Complaints and Client Relations Committee dated 28 January 2014 to provide detailed information in relation to the file and to provide the Society with an update no later than 25 February 2014.

In respect of complaint four:

1) Failed to comply, up to the date of expiry of the stay on referral to the tribunal, with part or all of an undertaking to the complainant dated 23 March 2009 in respect of a named property in a timely manner or at all,

2) Failed to respond adequately or at all to some or all of the correspondence sent to him by the complainant, including a letter dated 16 June 2011,

3) Repeatedly failed to respond adequately or at all to some or all of the correspondence sent to him by the Society, including letters dated 15 October 2012, 7 January 2013, 21 January 2013, 20 February 2013, 13 March 2013, 3 May 2013, 25 June 2013, 9 August 2013, 26 September 2013, 17 October 2013, 21 November 2013, 19 December 2013 and 24 February 2014,

4) Failed to comply with a direction of the Complaints and Client Relations Committee dated 28 January 2014 to provide detailed information in relation to the file and to provide the Society with an update no later than 25 February 2014.

In respect of complaint five:

1) Failed to comply, up to the date of expiry of the stay on referral to the tribunal, with part or all of an undertaking to the complainant dated 20 October 2006 in respect of a named property in a timely manner or at all,

2) Failed to respond adequately or at all to some or all of the correspondence sent to him by the complainant, including a letter dated 16 June 2011,

3) Repeatedly failed to respond adequately or at all to some or all of the correspondence sent to him by the Society, including letters dated 20 February 2013, 25 March 2013, 17 May 2013, 16 August 2013, 18 September 2013, 21 October 2013, 3 January 2014, 13 January 2014, and 14 February 2014.

In respect of complaint six:

1) Failed to comply, up to the date of expiry of the stay on referral to the tribunal, with part or all of an undertaking to the complainant dated 8 December 2004 in respect of a named property in a timely manner or at all,

2) Failed to respond adequately or at all to some or all of the correspondence sent to him by the complainant, including a letter dated 8 August 2011,

3) Repeatedly failed to respond adequately or at all to some or all of the correspondence sent to him by the Society, including letters dated 20 February 2013, 28 March 2013, 16 April 2013, 9 August 2013, 18 September 2013, 21 October 2013, 22 November 2013 and 11 February 2013,

4) Failed to comply with a direction of the Complaints and Client Relations Committee dated 28 January 2014 to provide detailed information in relation to the file and to provide the Society with an update no later than 25 February 2014.

In respect of complaint seven:

1) Failed to comply, up to the date of expiry of the stay on referral to the tribunal, with part or all of an undertaking to the complainant dated 17 February 2006 in respect of a named property in a timely manner or at all,

2) Failed to respond adequately or at all to some or all of the correspondence sent to him by the complainant, including a letter dated 22 June 2011,

3) Repeatedly failed to respond adequately or at all to some or all of the correspondence sent to him by the Society, including letters dated 21 February 2013, 28 March 2013, 19 April 2013, 17 September 2013, 20 November 2013, 6 December 2013 and 11 February 2014,

4) Failed to comply with a direction of the Complaints and Client Relations Committee dated 28 January 2014 to provide detailed information in relation to the file and to provide the Society with an update no later than 25 February 2014.

In respect of complaint eight:

1) Failed to comply, up to the date of expiry of the stay on referral to the tribunal, with part or all of an undertaking to the complainant dated 21 March 2008 in respect of a named property in a timely manner or at all,

2) Failed to respond adequately or at all to some or all of the correspondence sent to him by the complainant, including letters dated 9 January 2012 and 12 April 2012,

3) Repeatedly failed to respond adequately or at all to some or all of the correspondence sent to him by the Society, including letters dated 21 February 2013, 28 March 2013, 19 April 2013, 17 July 2013, 17 September 2013, 17 August 2014, 29 August 2014 and 18 September 2014,

4) Failed to comply with a direction of the Complaints and Client Relations Committee dated 16 September 2014 to provide detailed information in relation to the file and to attend at the committee meeting dated 28 October 2014.

In respect of complaint nine:

1) Failed to comply, up to the date of expiry of the stay on referral to the tribunal, with part or all of an undertaking to the complainant dated 1 March 2007 in respect of named properties in a timely manner or at all,

2) Failed to respond adequately or at all to some or all of the correspondence sent to him by the complainant, including letters dated 11 February 2009 and 10 June 2009,

3) Repeatedly failed to respond adequately or at all to some or all of the correspondence sent to him by the Society, including letters dated 24 February 2010, 7 April 2010, 20 May 2010, 8 June 2010, 23 July 2010, 7 September 2010, 4 October 2010,8 November 2010, 16 October 2012, 9 November 2012, 7 December 2012, 7 August 2014, 28 August 2014 and 18 September 2014,

4) Failed to comply with a direction of the Complaints and Client Relations Committee dated 16 September 2014 to provide detailed information in relation to the file and to attend at the committee meeting dated 28 October 2014.

6285/DT173/15

1) Failed to comply with an undertaking given to the bank in respect of a named property in a timely manner or at all,

2) Failed to respond adequately or at all to some or all of the correspondence sent to him by the complainant/the bank, including letters dated 29 May 2012, 2 May 2012, 13 October 2011 and/or 20 July 2011,

3) Failed to respond adequately or at all to some or all of the correspondence sent to him by the Society, including letters dated 22 August 2012, 6 December 2012, 28 January 2013, 21 March 2013, 4 June 2013, 17 October 2013, and 22 November 2013,

4) Failed to comply with the Complaints and Client Relations Committee’s direction of 28 January 2014.

6285/DT174/15

1) Failed to complete, and/or to take all reasonable steps to complete, title registration in respect of a named property,

2) Failed to disclose to the complainant that, over a period of seven years, he had not completed the registration of her title,

3) Failed to respond to enquiries made by the complainant’s new solicitor in July 2013,

4) Failed to comply with assurances given by him to the complainant and the Law Society that documents would be lodged in the Land Registry,

5) Failed to respond adequately or at all to one or more letters sent to him by the Society, including letters dated 11 September 2013, 1 October 2013, 17 October 2013, 2 January 2014, 11 February 2014, and 7 March 2014.

6285/DT175/15

In respect of complaint one:

1) Failed to comply, up to the date of the expiration of the stay on the referral of this matter to the tribunal, with an undertaking to the complainant dated 25 April 2005, pertaining to a named property in a timely manner or at all,

2) Failed to respond adequately or at all to some or all of the correspondence sent to him by the complainant dated 3 July 2007, 16 October 2009, 23 January 2010, 1 June 2010, 7 December 2010, 16 March 2011, 24 June 2011, 6 October 2011, 27 January 2012, 16 April 2012, 12 October 2012, 26 November 2012, 30 November 2012 and/or 11 February 2013,

3) Failed to respond adequately or at all to some or all of the correspondence sent to him by the Society dated 13 May 2013, 17 September 2013, 21 October 2013, 26 November 2013 and/or 3 January 2014,

4) Failed to comply with the directions of the committee dated 28 January 2014 to furnish certain documentation.

In respect of complaint two:

1) Failed to comply, up to the date of the expiration of the stay on the referral of this matter to the tribunal, with an undertaking to the complainant dated 13 December 2005, pertaining to a named property in a timely manner or at all,

2) Failed to respond adequately or at all to some or all of the correspondence sent to him by the complainant dated 16 October 2009, 23 January 2010, 2 February 2010, 28 June 2010, 30 November 2010, 9 March 2011, 21 June 2011, 27 September 2011, 18 January 2012, 18 July 2012, 26 November 2012, 1 February 2013, and/or 11 February 2013,

3) Failed to respond adequately or at all to some or all of the correspondence sent to him by the Society dated 6 June 2013, 28 June 2013, 16 August 2013, 13 September 2013, 30 September 2013, 21 October 2013, 2 January 2014, 3 February 2014 and/or 12 March 2014,

4) Failed to comply with the committee’s directions dated 25 July 2013 to make a contribution of €500 towards the Society’s costs,

5) Failed to comply with the committee’s directions dated 25 July 2013 to furnish certain documentation,

6) Failed to comply with the directions of the committee dated 28 January to furnish certain documentation.

6285/DT176/15

1) Failed to comply with his undertaking dated 24 September 2007 to the complainant to deal with Land Registry queries in relation to a named property in a timely manner or at all,

2) Failed to respond adequately or at all to some or all of the correspondence sent to him by the complainant, including letters dated 21 January 2008, 9 June 2008, 20 June 2012, 9 November 2012, 8 April 2013, 12 August 2013, 16 September 2013, 10 January 2014, 11 February 2014, 7 March 2014, 19 March 2014 and/or 13 August 2014,

3) Failed to respond adequately or at all to some or all of the correspondence sent to him by the Society, including letters dated 11 September 2014, 29 September 2014, 5 November 2014, and 26 November 2014,

4) Failed to comply with the Complaints and Client Relations Committee’s direction of 28 October 2014 to make a contribution towards the Society’s costs.

6285/DT177/15

1) Failed to comply, up to the date of the expiry of the stay on the referral of this matter to the tribunal, with part or all of his undertaking dated 10 May 2001 given to the complainant in relation to a named property in a timely manner or at all,

2) Failed to respond adequately or at all to some or all of the correspondence sent to him by the complainant and/or solicitors for the complainant, including letters dated 22 August 2006, 22 August 2007, 20 February 2008, 6 July 2009 10 March 2010, 9 June 2010, 9 August 2010, 19 October 2010, 14 June 2011 and/or 9 November 2012,

3) Failed to respond adequately or at all to some or all of the correspondence sent to him by the Society, including letters dated 26 February 2013, 25 March 2013, 27 May 2013, 17 July 2013, 16 October 2013, 22 November 2013, 11 February 2014 and/or 12 March 2014,

4) Failed to comply with the Complaints and Client Relations Committee’s direction dated 28 January 2014 to furnish the Society with documentation relating to the undertaking detailed above.

The Solicitors Disciplinary Tribunal referred the matter forward to the High Court and, in record number 2019/13SA, the High Court made the following orders on 18 October 2019:

1) That the respondent solicitor is not a fit person to be a member of the solicitors’ profession,

2) That the name of the respondent solicitor shall be struck from the Roll of Solicitors.