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.
Back to listDetails for Maurice B O’Sullivan
Name
Maurice B O’Sullivan
Address
Maurice O’Sullivan & Company Solicitors, 9 Colbert Street, Listowel, Co Kerry
Date of Order
14/10/2019
Decision
 
In the matter of Maurice B O’Sullivan, a  solicitor practising as Maurice O’Sullivan & Company Solicitors, at 9  Colbert Street, Listowel, Co Kerry, and in the matter of the Solicitors Acts  1954-2015 [2017/DT24, 2017/DT38, 2017/DT39, 2017/DT40, 2017/DT41, 2017/DT42,  2017/DT51, 2017/DT73, 2017/DT78, and 2017/DT115; and High Court reference 2019  no 23 SA]
Law Society of Ireland (applicant)
Maurice B O’Sullivan (respondent  solicitor)
2017/DT24
On 11 January 2018, the Solicitors Disciplinary  Tribunal found the respondent solicitor guilty of professional misconduct in  his practice as a solicitor in that he: 
1) Failed  to comply with an undertaking furnished to First Active PLC on 1 May 2002 in  respect of his named client and borrower and      property in Co Limerick in a  timely manner or at all,
2) Failed  to comply with an undertaking furnished to First Active PLC on 6 March 2002 in  respect of his named clients and borrowers      and property in Co Limerick in a  timely manner or at all,
3) Failed  to comply with an undertaking furnished to First Active PLC on 1 June 2005 in  respect of his named client and the borrower      and property in Co Limerick in a  timely manner,
4) Failed  to comply with an undertaking furnished to Ulster Bank Ireland Limited on 26  April 2006 in respect of a named borrower          and property in Co Kerry in a timely  manner or at all,
5) Failed  to comply with an undertaking furnished to First Active PLC on 1 June 2007 in  respect of named borrowers and property in      Co Kerry in a timely manner or at  all,
6) Failed  to comply with an undertaking furnished to First Active PLC on 2 October 2007  in respect of the named borrowers and            property in Co Kerry in a timely manner  or at all,
7) Failed  to comply with an undertaking furnished to Ulster Bank on 6 October 2008 in  respect of the named borrowers and property      in Co Kerry in a timely manner or  at all,
8) Failed  to comply with an undertaking furnished to Ulster Bank on 14 July 2009 in  respect of the named borrowers and property in      Co Kerry in a timely manner or  at all,
9) Failed  to respond to the Society’s correspondence and, in particular, the Society’s  letters of 23 October 2015 and 6 November          2015 in a timely manner, within the  time provided, or at all.
2017/DT38
On 11 January 2018, the Solicitors  Disciplinary Tribunal found the respondent solicitor guilty of professional  misconduct in his practice as a solicitor in that he: 
1) Failed  to comply with his client’s instructions to register her entitlement to her  property in Co Kerry in a timely manner or at all,        having been instructed to do  so in 1999/2000,
2) Failed  to respond to the complainant’s queries in relation to her instructions,
3) Failed  to respond to the Society’s correspondence of 29 February 2016, 22 March 2016,  22 April 2016, 14 July 2016, 18 July            2016 in a timely manner, within the time  provided, or at all,
4) Failed  to comply with the direction made by the Complaints and Client Relations  Committee at its meeting on 28 June 2016 that        he furnish an update to the  committee on or before 20 August 2016. 
2017/DT39
On 11 January 2018, the Solicitors  Disciplinary Tribunal found the respondent solicitor guilty of professional  misconduct in his practice as a solicitor in that he: 
1) Failed  to respond satisfactorily to correspondence from one of the joint executors of  an estate and, in particular, the co-       executor’s letter of 8 July 2015 in a  timely manner,
2) Failed  to respond to the Society’s correspondence and, in particular, the Society’s  letters of 14 January 2015, 2 February 2015,     20 February 2015, 3 March 2015, 10  September 2015, 6 October 2015, 22 December 2015, 2 February 2016 and 23  February 2016 in a timely manner, within the time provided, or at all. 
2017/DT40
On 11 January 2018, the Solicitors  Disciplinary Tribunal found the respondent solicitor guilty of professional  misconduct in his practice as a solicitor in that he: 
1) Failed  to comply with an undertaking dated 9 July 2004 furnished to the complainants  in respect of his named client and property      in Dublin 8 in a timely manner,
2) Failed  to comply with an undertaking furnished to the complainants on 7 March 2006 in  respect of his clients and the borrowers        and property in Co Kerry in a timely  manner or at all,
3) Failed  to comply with two undertakings, one furnished on 7 September 2001 and the  second furnished on 29 April 2004, to the          complainants in respect of his client  and the borrower and property in Co Kerry in a timely manner or at all,
4) Failed  to respond to the Society’s correspondence and, in particular, the Society’s letters  of 15 February 2016, 24 March 2016 and 18 April 2016 within the time provided,  in a timely manner, or at all,
5) Failed  to comply with a direction made by the Complaints and Client Relations  Committee at its meeting on 26 April 2016 that he      furnish a response to the  Society on or before 10 June 2016,
6) Failed  to comply with a direction made by the Complaints and Client Relations  Committee at its meeting on 28 June 2016 that he      furnish an update to the  Society on or before 20 August 2016. 
2017/DT41
On 11 January 2018, the Solicitors  Disciplinary Tribunal found the respondent solicitor guilty of professional  misconduct in his practice as a solicitor in that he: 
1) Failed  to protect his former clients’ interests and failed to ensure that they had title  to their properties in Co Kerry in a timely            manner or at all, 
2) Failed  to respond to the Society’s correspondence and, in particular, the Society’s  letters to him of 12 November 2014, 1                  December 2014, 7 January 2015, 5 February  2015, 9 March 2015, 23 March 2015, 14 April 2015, 9 June 2015, 20 July 2015, 10      September 2015, 6 October 2015, 29 October 2015, 26 January 2016 and 25  February 2016 within the time provided, in a timely      manner, or at all, 
3) Failed  to comply with a direction made by the Complaints and Client Relations  Committee at its meeting of 3 June 2015 and              communicated to him by letter dated  9 June 2015 that he furnish updates to the Society every six weeks. 
2017/DT42
On 11 January 2018, the Solicitors  Disciplinary Tribunal found the respondent solicitor guilty of professional  misconduct in his practice as a solicitor in that he: 
1) Failed  to comply with an undertaking furnished to the complainants on 28 January 2004  in respect of his named client and                borrower and property in Co Kerry in a  timely manner or at all,
2) Failed  to comply with an undertaking furnished to the complainants on 20 January 2009  in respect of his named clients and the        borrowers and property in Co Kerry in a  timely manner or at all,
3) Failed  to comply with an undertaking furnished to the complainants on 17 October 2007  in respect of his named clients and              borrowers and property in Co Limerick in a  timely manner or at all,
4) Failed  to comply with an undertaking furnished to the complainants on 11 October 2007  in respect of his named clients and the        borrowers and property in Co Limerick  in a timely manner or at all,
5) Failed  to comply with an undertaking furnished to the complainants on 11 October 2007  in respect of his named client and the          borrower and property in Co Limerick in  a timely manner or at all,
6) Failed  to comply with an undertaking furnished to the complainants on 2 October 2006  in respect of his named client and the            borrower and property in Co Kerry in a  timely manner or at all,
7) Failed  to comply with an undertaking furnished to the complainants on 3 July 2006 in  respect of his named client and the                  borrower and property in Co Kerry in a  timely manner or at all,
8) Failed  to comply with an undertaking furnished to the complainants on 14 March 2005 in  respect of his named clients and the            borrowers and property in Co Kerry in a  timely manner or at all,
9) Failed  to comply with an undertaking furnished to the complainants on 21 June 2006 in  respect of his named client and the              borrower and property in Co Kerry in a  timely manner or at all,
10) Failed  to comply with an undertaking furnished to the complainants on 9 April 2001 in  respect of his named client and the                borrower and property in Co Kerry in a  timely manner or at all,
11) Failed  to comply with an undertaking furnished to the complainants on 28 October 2004  in respect of his named clients and the        borrowers and property in Co Kerry in a  timely manner or at all,
12) Failed  to comply with an undertaking furnished to the complainants on 29 October 2004  in respect of his named clients and the        borrowers and property in Co Kerry in a  timely manner,
13) Failed  to comply with an undertaking furnished to the complainants on 30 July 2007 in  respect of his named client and the                borrower and property in Co Kerry in a timely  manner or at all,
14) Failed  to comply with an undertaking furnished to the complainants on 28 November 2006  in respect of his named client and            the borrower and property in Co Kerry in a  timely manner or at all.
2017/DT51
On 11 January 2018, the Solicitors  Disciplinary Tribunal found the respondent solicitor guilty of professional  misconduct in his practice as a solicitor in that he: 
1) Failed  to comply with an undertaking dated 30 September 2014 furnished to the  complainant in respect of his named clients and      the borrowers and property in  Co Kerry in a timely manner or at all, 
2) Failed  to respond to the Society’s correspondence and, in particular, to the Society’s  letters of 4 October 2016, 20 October 2016,      3 November 2016, 18 November 2016,  30 November 2016 and 15 December 2016 within the time provided, in a timely  manner,      or at all, 
3) Failed  to attend the meeting of the Complaints and Client Relations Committee on 24  January 2017, despite being required to do      so by letter dated 17 January 2017.
2017/DT73
On 19 April 2018, the Solicitors  Disciplinary Tribunal found the respondent solicitor guilty of professional  misconduct in his practice as a solicitor in that he: 
1) Failed  to comply with an undertaking furnished to the complainants on 27 June 2007 in  respect of his named clients and the              borrowers and property in Co Kerry in a  timely manner,
2) Failed  to comply with an undertaking furnished to the complainants on 4 May 2007 in  respect of his named clients and the                borrowers and property in Co Limerick in a  timely manner or at all,
3) Failed  to comply with an undertaking dated 29 May 2006 furnished to the complainant in  respect of his named clients and the            borrowers and property in Co Kerry in a  timely manner or at all,
4) Failed  to comply with an undertaking dated 13 September 2001 furnished to the  complainant in respect of his named clients and      the borrowers and property in  Co Kerry in a timely manner,
5) Failed  to comply with an undertaking dated 21 November 2003 furnished to the  complainants in respect of his named clients and      the borrowers and the property  in Co Kerry in a timely manner,
6) Failed  to comply with an undertaking furnished to the complainants on 30 June 1997 in  respect of his named clients and the              borrowers and property in Co Kerry in a  timely manner,
7) Failed  to comply with an undertaking furnished to the complainant on 2 October 2002 in  respect of his named clients and the            borrowers and property in Co Kerry in a  timely manner,
8) Failed  to comply with an undertaking dated 23 April 2009 furnished to the complainant  in respect of his named clients and the          borrowers and property in Co Kerry in a  timely manner,
9) Failed  to comply with an undertaking dated 23 March 2007 furnished to the complainant  in respect of his named client and the          borrowers and property in Co Kerry in a  timely manner,
10) Failed  to comply with an undertaking dated 13 November 2012 furnished to the  complainant in respect of his named clients and        the borrowers and property in  Co Kerry in a timely manner,
11) Failed  to comply with an undertaking dated 20 June 2001 furnished to the complainant  in respect of his named clients and                borrowers and property in Co Kerry in a  timely manner. 
2017/DT78
On 19 April 2018, the Solicitors  Disciplinary Tribunal found the respondent solicitor guilty of professional  misconduct in his practice as a solicitor in that he: 
1) Failed  to protect his client’s interest and failed to ensure that his client had title  to his property in Co Kerry in a timely manner, 
2) Caused  unnecessary stress to an elderly client by failing to return the complainant’s  birth certificate to him in a timely manner, 
3) Failed  to respond to his client’s enquiries, 
4) Failed  to respond in a timely manner or at all to the Society’s correspondence and, in  particular, the Society’s letters of 21                November 2016, 7 December 2016, 5  January 2017, 3 March 2017, 5 April 2017, 20 April 2017, 4 May 2017 and 24 May  2017 in      a timely manner, within the time provided, or at all, 
5) Failed  to comply with the direction made by the Complaints and Client Relations  Committee at its meeting on 28 February 2017        that he pay a sum of €550 towards  the costs incurred by the Society as a result of his failure to respond to the  Society’s                  correspondence and to attend the meeting, 
6) Failed  to comply with the direction made by the Complaints and Client Relations  Committee at its meeting on 6 June 2017 and          that he make a further contribution  of €350 towards the cost incurred by the Society, 
7) Failed  to comply with the direction made by the Complaints and Client Relations  Committee at his meeting on 18 July 2017 that        he return the birth certificate to his client forthwith, 
8) Failed  to attend the Complaints and Client Relations Committee meeting on 28 February  2017, 4 April 2017 and 18 July 2017,          despite being required to do so. 
2017/DT115
On 19 April 2018, the Solicitors  Disciplinary Tribunal found the respondent solicitor guilty of professional  misconduct in his practice as a solicitor in that he: 
1) Failed  to register the interests of his clients in relation to the registration of  their title to their home, having been instructed and        paid to do so in 2006, in  a timely manner, 
2) Failed  to respond satisfactorily to his clients’ enquiries in relation to their  instructions to him in a timely manner, 
3) Failed  to respond in a timely manner or at all to the Society’s correspondence and, in  particular, the Society’s letters of 14 July          2015, 23 October 2015, 25 November  2015, 9 June 2017 and 28 June 2017.
The tribunal ordered that all matters  should go forward to the High Court and, on 14 October 2019, in proceedings  2019 no 23 SA, the High Court ordered that: 
1) The  respondent solicitor’s name be struck off the Roll of Solicitors, with a stay  on the said order until 31 December 2019, 
2) The  respondent solicitor pay a sum of €13,000 as a contribution towards the cost of  the disciplinary proceedings, 
3) The  respondent solicitor pay the whole of the costs of the applicant’s High Court  application, such costs to be taxed in default of        agreement.