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 Thomas D'Alton
Name
Thomas D'Alton
Address
James J Kearns & Son, Solicitors, Portumna, Co Galway
Date of Order
26/03/2019
Decision
 
In the matter of Thomas D’Alton, a solicitor practising as  James J Kearns & Son, Solicitors, Portumna, Co Galway, and in the matter of  the Solicitors Acts 1954-2015 [2017/DT114, 2018/DT03, and High Court record 2018 no 126 SA]
Law Society of Ireland (applicant)
Thomas D’Alton (respondent solicitor)
2017/DT114
On 25 October 2018, the Solicitors  Disciplinary Tribunal found the respondent solicitor guilty of misconduct in  that he failed to ensure that there was furnished to the Society an accountant’s  report for the year ended 31 January 2017 within six months of that date, in  breach of regulation 26(1) of the Solicitors Accounts Regulations  2014 (SI 516 of 2014).
2018/DT03
On 25 October 2018, the Solicitors  Disciplinary Tribunal found the respondent solicitor guilty of professional  misconduct in that he: 
1)   Allowed a deficit of  €54,860 on his client account as of 30 April 2016, which was subsequently  reduced to €46,860 by the introduction of €8,000 in June 2016,
2)   Used €10,000 of  clients’ moneys on 9 March 2015 to help discharge a personal revenue liability,
3)   Took client moneys of  €10,000 in September 2014 and €7,800 in July 2006 from a named estate, which  moneys were used to reduce the office account overdraft,
4)   Took client moneys of  €8,000 from the estate of a named person in September 2015, which moneys were  used to reduce the office account overdraft,
5)   Took client moneys of  €15,813.57 from a named estate in June 2014, which moneys were used to reduce  the office account overdraft,
6)   Took client moneys of  €5,000 from the client account to the office account in July 2016,
7)   Created a debit  balance on the account of a named client of €5,002,
8)   Failed to comply with  anti-money-laundering legislation in the sample of clients’ files examined. 
The tribunal directed that both matters  be sent forward to the President of the High Court and, on 26 March 2019, in  High Court proceedings entitled Law Society (Applicant) v Thomas  D’Alton, the High Court made orders that the  respondent solicitor be suspended from the Roll of Solicitors until 1 April  2020. Upon cessation of that suspension, the respondent solicitor may be issued  with a practising certificate subject to the following conditions:
1)   He will not be  permitted to practise as a sole practitioner or in a partnership, but only as an  employed solicitor,
2)   He must act under the  control and supervision of a solicitor who will be approved of in writing in  advance by the Law Society,
3)   He will not be  permitted to give undertakings of any sort save with the written consent  obtained in advance from the supervising solicitor,
4)   He will not be  permitted to have any drawing rights on the client or other accounts of the  practice in which he may be employed.
The said conditions will apply to every practising  certificate granted to him for a period of seven years following his  restoration to the Roll of Solicitors in 2020.