Solicitor Disciplinary Tribunal Decisions

Details for Paul Cunningham

Name

Paul Cunningham

Address

Cunningham Solicitors, 8 Emily Square, Athy, Co Kildare

Date of Order

19/11/2018

Decision

In the matter of Paul Cunningham, solicitor, formerly practising as Cunningham Solicitors, 8 Emily Square, Athy, Co Kildare, and in the matter of an application by the Law Society of Ireland to the Solicitors Disciplinary Tribunal, and in the matter of the Solicitors Acts 1954-2015 [2017/DT01; 2017/DT02; 2017/DT47; and High Court record 2018/109 SA]

Law Society of Ireland (applicant)

Paul Cunningham (respondent solicitor)

On 19 July 2017, in an application bearing record no 2017/DT01, the Solicitors Disciplinary Tribunal found the respondent solicitor guilty of misconduct in his practice as a solicitor in that he:

1)   Borrowed money from a named client and did not advise the named client to get independent advice before borrowing the money, contrary to chapter 3.5 of A Guide to Good Professional Conduct for Solicitors,

2)   Borrowed money from a named client in breach of the fiduciary relationship of solicitor and client and, in so doing, brought the solicitors’ profession into disrepute,

3)   Failed to repay in full the loan of €27,000 to a named client, despite agreeing to do so, leaving an outstanding liability to the named client of €17,000 plus interest and costs,

4)   Failed to make a payment of €5,000 before Christmas 2015, despite telling the CCRC he would do so.

On 19 July 2017, in an application bearing record no 2017/DT02, the Solicitors Disciplinary Tribunal found the respondent solicitor guilty of misconduct in his practice as a solicitor in that he:

1)   Failed to comply expeditiously, within a reasonable time, or at all with an undertaking dated 21 April 2006 given by him on behalf of his named clients over property at Athy, Co Kildare, to Bank of Ireland on 21 April 2006,

2)   Failed to reply satisfactorily or at all to the complainant’s correspondence and, in particular, letters dated 14 December 2009, 8 February 2011, 24 April 2012, 31 August 2012, 3 April 2013 and 28 May 2013,

3)   Failed to reply adequately, in a timely fashion, or at all to the Society’s correspondence and, in particular, letters dated 6 May 2014, 9 July 2014, 21 November 2014, 9 December 2014, 20 January 2015, 24 June 2015 and 10 August 2015.

On 14 November 2017, in an application bearing record no 2017/DT47, the Solicitors Disciplinary Tribunal found the respondent solicitor guilty of misconduct in his practice as a solicitor in that he:

1)   Failed to transmit moneys, received by him for the complainant’s costs, to the complainant,

2)   Failed to reply adequately or at all to the complainant’s correspondence, in particular, letters dated 5 December 2014, 28 April 2015, 7 October 2015, 25 May 2016, 11 July 2016, 4 October 2016, 26 October 2016 and 4 November 2016 respectively,

3)   Failed to reply adequately or at all to the complainant’s telephone calls and, in particular, telephone calls made on 3 November 2016, 21 November 2016 and 22 November 2016 respectively,

4)   Failed to reply adequately or at all to the Society’s correspondence and, in particular, letters dated 29 November 2016, 25 January 2017 and 17 February 2017 respectively.

The tribunal ordered that the matters should go forward to the High Court and, on 19 November 2018, the High Court ordered that:

1)   The recommendation of the Solicitors Disciplinary Tribunal be set aside and, in lieu thereof, the name of the respondent solicitor shall be struck from the Roll of Solicitors,

2)   The respondent solicitor make restitution to the named complainant in the sum of €5,559.50,

3)   The respondent solicitor pay the applicant its measured costs of the within proceedings.