Solicitor Disciplinary Tribunal Decisions

Details for Imelda Leahy

Name

Imelda Leahy

Address

Imelda Leahy and Company, Solicitors, Kilree Street, Bagenalstown, Co Carlow

Date of Order

23/07/2018

Decision

In the matter of Imelda Leahy, a solicitor formerly practising as Imelda Leahy and Company, Solicitors, Kilree Street, Bagenalstown, Co Carlow, 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 1954-2011 [8250/DT158/15 and High Court record 2018/66SA]

Law Society of Ireland (applicant)

Imelda Leahy (respondent solicitor)

On 23 June 2018, the Solicitors Disciplinary Tribunal found the respondent solicitor guilty of misconduct in her practice as a solicitor in that she:

1)   Took €173,543 from the estate of a named person in circumstances where she was not entitled to do so,

2)   Failed to pay a specific bequest from the estate in a timely manner,

3)   Took two payments of €15,000 each on 18 November 2014, together with travel expenses of €1,300.20, which payments were not recorded in the office ledger account for that client,

4)   Failed to keep proper books of account and records to show the amounts of settlement received and failed to provide evidence of same when requested in respect of certain cases,

5)   Allowed a shortfall of €36,810 in relation to clients’ funds due to third parties because of the transfer of excess amounts for costs in respect of certain cases,

6)   Failed to provide sufficient documentary evidence to ensure that clients were informed of the correct amount of their settlements,

7)   In respect of a specific estate, failed to issue a section 68(1) letter to the client or the residuary legatees setting out the fees payable or the basis to be used to calculate those fees,

8)   In relation to a specific estate, took costs of €47,150 before VAT on a piecemeal basis without instructions or authority of the client,

9)   In respect of a specific case, failed to furnish a section 68(6) account to the client for costs deducted and failed to furnish a bill of costs to the client for fees taken,

10) Was in breach of the Solicitors Accounts Regulations as set out at paragraph 4.11 of the report and, in particular, in breach of:

a          a) Regulation 12(1) of the 2001 regulations and 13(1) of the 2014 regulations by failing to keep proper books of account that                showed the true financial affairs of the clients,

            b) Regulations 10(2) and 10(5) of the 2001 regulations and 11(2) and 11(5) of the 2014 regulations by failing to lodge all costs            received to the client account and reflect these properly in the client ledger account,

c)         c) Regulation 7(1)(iii), taking moneys across to the office account in respect of fees when it had not been made known to such              clients that moneys so held would be used in satisfaction of professional fees due to the respondent solicitor,

            d) Regulation 7(1)(ii) by the creation of debit balances,

            e) Regulation 11(1) of the 2001 regulations and regulation 12(1) of the 2014 regulations by failing to furnish clients with bills of            costs dealing with professional fees and outlay,

            f) Regulation 11(3) of the 2001 regulations and 12(3) of the 2014 regulations by taking moneys not properly payable to the                  respondent solicitor at the time of taking,

            g)Regulation 13 of the 2001 regulations and regulation 14 of the 2014 regulations in instances where the solicitor was a                      controlling trustee and failed to lodge moneys received without delay to a controlled trust bank account.

The tribunal ordered that the Law Society of Ireland bring its findings and reports before the High Court. On 23 July 2018, the High Court ordered that:

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

2)   The name of the respondent solicitor be struck off the Roll of Solicitors,

3)   The respondent solicitor pay the applicant’s costs before the Solicitors Disciplinary Tribunal in proceedings bearing the record no 8250/DT158/15, to be taxed in default of agreement,

4)   The respondent solicitor pay the applicant’s costs before the court, to be taxed in default of agreement,

5)   The applicant furnish the papers lodged with the court, including the transcript of the hearings before the Solicitors Disciplinary Tribunal, to the National Bureau of Fraud Investigation.