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 Patrick Callanan
Name
Patrick Callanan
Address
n/a
Date of Order
11/04/2018
Decision
 
In the matter of Patrick Callanan, 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 [7251/DT88/10]; High Court [2015/6 SA]; Court of Appeal [2015/237]
Law Society of Ireland (applicant)
Patrick Callanan (respondent solicitor)
On 27 August 2014, the Solicitors  Disciplinary Tribunal found the respondent solicitor guilty of misconduct in  his practice as a solicitor in that he: 
1)   Provided a  certificate of earnings in respect of a named person to Permanent TSB, dated 15  September 2004, knowing the contents of the certificate to be false, 
2)   Provided a  certificate of earnings in respect of a named person to ICS Building Society,  dated 14 September 2004, knowing the contents of the certificate to be false, 
3)   Provided a  certificate of earnings in respect of a named person to IIB Homeloans Limited,  dated 15 September 2004, knowing the contents of the certificate to be false, 
4)   Provided a  certificate to Permanent TSB and IIB Homeloans representing that a named person  was employed as a law clerk with the firm Wells & O’Carroll Solicitors,  when that person had never been employed by that firm, 
5)   Gave or caused to be  given multiple undertakings to the named lending institutions to register a  first charge in their favour in respect of a property at Carrickmacross, Co Monaghan.  
The tribunal ordered that the matter  should go forward to the High Court and, on 13 April 2015, the High Court  ordered that: 
1)   The respondent  solicitor be prohibited from practising as a solicitor or from holding himself  out as a solicitor entitled to practise for a period of ten years from the date  of the making of this order, 
2)   The respondent, at  the expiration of the ten-year prohibition period, apply to the court should he  wish to resume practice as a solicitor, 
3)   In the event of the  respondent solicitor applying to the court to resume practice as a solicitor,  that he not be permitted to practise as a sole practitioner or in partnership; that  he be permitted only to practise as an assistant solicitor in the employment  and under the direct control and supervision of another solicitor of at least  ten years’ standing, to be approved in advance by the Law Society of Ireland, 
4)   The respondent never  be given cheque-signing rights over any client account, 
5)   The respondent, when  seeking employment as a solicitor, must furnish any prospective solicitor  employer with a copy of these findings,
6)   The respondent pay  the sum of €5,000 to the compensation fund, 
7)   The respondent  solicitor pay the whole of the Society’s costs and witness expenses in the  Solicitors Disciplinary Tribunal proceedings, to be taxed in default of  agreement, 
8)   The respondent pay  the Society’s costs of the within application, to be taxed in default of  agreement. 
The respondent solicitor appealed the  order to the Court of Appeal on 12 June 2015. 
On 21 July 2017, the Court of  Appeal ordered that the said judgment and order of the High Court made on 13  April 2015 be set aside and that the matter be remitted to the President of the  High Court for consideration of the appropriate penalty to be imposed on the  respondent, pursuant to the provisions of section 8 of the Solicitors  (Amendment) Act 1960, as substituted by  section 18 of the Solicitors (Amendment) Act 1994.
The matter was relisted before the High  Court and, on 11 April 2018, the High Court ordered that:
1)   The respondent is not  a fit and proper person to be a member of the solicitors’ profession, 
2)   The name of the  respondent be struck off the Roll of Solicitors, 
3)   The respondent pay a  contribution of €5,000 towards the costs of the applicant for the proceedings  in the Solicitors Disciplinary Tribunal, 
4)   The respondent pay  the sum of €2,000 to Mr Enda O’Carroll, solicitor, in respect of his expenses  for attendances at the Solicitors Disciplinary Tribunal proceedings, 
5)   The respondent pay  the Society’s costs of the within application, to be taxed in default of  agreement and such costs to be set off against the costs awarded to the  respondent against the applicant in the substantive appeal.