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 Lyndsey Clarke
Name
Lyndsey Clarke
Address
Keith Flynn & Company, 414 The Capel Building, Mary’s Street, Dublin 7
Date of Order
22/10/2018
Decision
 
In  the matter of Lyndsey Clarke, solicitor, practising as Keith Flynn &  Company, 414 The Capel Building, Mary’s Street, Dublin 7, and in the matter of  the Solicitors Acts 1954-2015 [2017/DT46 and High Court record 2018 no 99  SA]
Law  Society of Ireland (applicant)
Lyndsey  Clarke (respondent solicitor)
On 12 July 2018, the Solicitors Disciplinary Tribunal found the respondent  solicitor guilty of misconduct in her practice as a solicitor in that she:
1)   Improperly  and/or dishonestly caused or allowed a minimum deficit of in or around  €40,302.70 on the client account as at 16 November 2016,
2)   Ceased  practice on or around 21 November 2016 with a deficit on the client account in  respect of a client matter of up to €80,000,
3)   Failed  to notify the client the subject of the deficit at (2) above of the deficit in  a timely manner or at all and, further, that they were ceasing practice without  rectifying a deficit in his funds,
4)   Failed  over an ongoing period of time, in 2015 and 2016, to maintain proper books of  account, in breach of regulation 13 and, in particular, failed to maintain  books of account that showed the true financial position in relation to  transactions with clients’ moneys and with other moneys transacted through the  client account, in breach of regulation 13(2)(a),
5)   On or  around 17 October 2016, improperly and/or dishonestly caused or allowed two  transfers of clients’ moneys in the amounts of €10,085 and €16,370 respectively  to reduce a deficit on the client account, which moneys were not properly  available to reduce the deficit, in breach of regulation 10,
6)   Improperly  and/or dishonestly caused or allowed the transfer of €29,000 of clients’ funds  to the office account, by way of transfers of €25,000 and €4,000 on 26 October  2016 and 15 November 2016 respectively, in breach of regulation 7,
7)   Failed  to complete stamping in a purchase matter in a timely manner or at all,
8)   Caused  or allowed fees of €1,150 to be transferred to the office account on 23 August  2016 before receipt of funds on 29 August 2016, creating a debit balance of  €1,150, in breach of regulation 7(2)(a),
9)   Ceased  practice on or around 21 November 2016 without having made all appropriate  arrangements for the wind-up of the practice, thereby showing disregard for the  clients of the practice,
10) Failed  to have any or any adequate regard for the safekeeping of client funds. 
The tribunal ordered that the matter should go forward to the High  Court and, on 22 October 2018, the High Court ordered that:
1)   The name  of the respondent solicitor be struck from the Roll of Solicitors,
2)   The respondent  solicitor pay the applicant’s measured costs.