Solicitor Disciplinary Tribunal Decisions

Details for Helen Lucey

Name

Helen Lucey

Address

Marshall & MacAulay Solicitors, The Square, Listowel, Co Kerry

Date of Order

05/07/2018

Decision

In the matter of Helen Lucey, a solicitor practising as principal of Marshall & MacAulay Solicitors, The Square, Listowel, Co Kerry, and in the matter of the Solicitors Acts 1954-2015 [3012/DT106/12; 3012/DT20/14; High Court record 2015 no 68 SA and 2015 no 180 SA]

Law Society of Ireland (applicant)

Helen Lucey (respondent solicitor)

On 20 May 2015, the Solicitors Disciplinary Tribunal found the respondent solicitor guilty of misconduct in her practice as a solicitor in matters bearing record numbers 3012/DT106/12 and 3012/DT20/14.

The tribunal ordered that the Law Society bring its findings and reports before the High Court.

The respondent solicitor appealed against the findings of the tribunal.

On 12 June 2018, the High Court found the respondent solicitor guilty of misconduct in her practice as a solicitor in that she:

3012/DT106/12

1)   Caused a substantial deficit in the amount of circa €257,960 to arise on a client account on or around 31 July 2011, which deficit was due or partly due to the withdrawal of client moneys from one or more client accounts, in breach of regulation 7(1) of the Solicitors Accounts Regulations 2001-2006 (SI 421 of 2001 as amended),

2)   Withdrew moneys in the amount of in or around €259,000 from a client account, in breach of regulation 8(4) of the Solicitors Accounts Regulations (as amended),

3)   Failed to distribute moneys in the amount of €21,128 to nominated charities on the probate file of a named former client in a timely manner,

4)   Failed to pay charitable bequests of a named client totalling €389,000 in a timely manner,

5)   Failed to send the following deeds to be stamped in a timely manner: deed of a named client in the amount of €4,800 dating from 2007; deed of a named client in the amount of €6,030 dating from 2006; deed of a named client in the amount of €11,145 dating from 2006; deed of a named client in the amount of €5,430 dating from 2005,

6)   Failed to pay over moneys in the amount of €20,546 retained on an account in respect of a named former client, deceased, even though the file was transferred to another solicitor in December 2007.

3012/DT20/14

1)   In withdrawing moneys in the amount of in or around €259,000 from a named client account on or around 30 March 2007, acted  improperly and/or in a manner tending to bring the solicitors’ profession into disregard, having regard to:   

a)         a) The conflict of interest that arose,

b)         b) The duty owed to a named person in view of both her position as client (pursuant to section 2 of the Solicitors Amendment                Act 1994) and in view of her age, 

c)         c) The fact that the respondent solicitor failed to liaise directly with the solicitors on record for the named person in the context             of the settlement of a purported counterclaim,

d)         d)The fact that the respondent solicitor acted without any express instructions from the named person,

2)   Withdrew the amount of in or around €259,000 from the named client account, in breach of regulation 7(1) of the Solicitors Accounts Regulations 2001-2006 (SI 241 of 2001 as amended).

On 5 July 2018, the High Court ordered that:

1)   The respondent solicitor not be permitted to practise as a sole practitioner or in partnership, but only as an assistant solicitor in the employment and under the direct control and supervision of another solicitor of at least ten years’ standing – said order to be stayed until 1 December 2018 to facilitate a sale of the respondent solicitor’s practice,

2)   The respondent solicitor pay €15,000 to the compensation fund and pay half the costs of the Law Society before the Solicitors Disciplinary Tribunal, to be taxed in default of agreement,

3)   The respondent solicitor pay to the Law Society the costs of the High Court, less one day, to be taxed in default of agreement.