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 David Herlihy
Name
David Herlihy
Address
David Herlihy, Solicitors, Lord Edward Street, Kilmallock, Co Limerick
Date of Order
10/03/2017
Decision
 
In the matter of David Herlihy, solicitor, formerly  practising as principal of David Herlihy, Solicitors, Lord Edward Street,  Kilmallock, Co Limerick, and in the  matter of the Solicitors Acts 1954-2011  [9286/DT90/15 and High Court record 2017/5SA]
 Law Society of Ireland (applicant)
 David Herlihy (respondent solicitor)
 
 On 25  February 2016, the Solicitors Disciplinary Tribunal found the respondent  solicitor guilty of professional misconduct in his practice as a solicitor in  that he: 
 1)   In respect of six matters, made a stamp duty return that  he knew to be false,
 2)   On eight occasions, failed to apply moneys collected  from one or more clients towards the discharge of stamp duty and/or registration  fees,
 3)   Failed to take any or any adequate steps when he knew  or ought to have known that documentation relating to a loan bore a purchase  price in excess of that which appeared in the contract in respect of five  matters,
 4)   Failed to comply, either adequately or at all, on one  or more occasions, with the requirements of section 68(1) of the Solicitors (Amendment) Act 1994, and/or
 5)   Failed on one or more occasions to comply with the  requirements of the Criminal  Justice (Money Laundering and Terrorist Financing) Act 2010, and/or
 6)   Failed to comply adequately or at all with the  directions of the committee made on 23 May 2013, and/or
 7)   Failed to attend or arrange to be represented at a  meeting of the committee dated 26 June 2013, when required to do so, and/or
 8)   Failed to reply adequately to correspondence from the  Society dated 30 April 2013.
 
 The tribunal  ordered that this matter go forward to the High Court and, on 10 March 2017,  the High Court ordered that:
 1)   The name of the respondent solicitor be struck from  the Roll of Solicitors,
 2)   The applicant be permitted to take up clients’ moneys  and lodge same to a Law Society nominated account and to take possession of the  books of account and ledger cards and accounting records of the respondent  solicitor’s practice,
 3)   Pursuant to section 20(6) of the Solicitors (Amendment) Act 1960 (as amended by substitution by section  28 of the Solicitors  (Amendment) Act 1994), the respondent lodge forthwith (or cause to be lodged), pursuant to  the provisions of regulation 4(1) of the Solicitors  (Accounts) Regulations 2001 (SI 421/2001), any client moneys subsequently received  by him to the appropriate client account or client accounts, unless otherwise  ordered by the court,
 4)   The respondent solicitor pay the sum of €5,000 as a  contribution towards the whole of the costs of the applicant before the  Solicitors Disciplinary Tribunal and pay the sum of €5,000 as a contribution  towards the whole of the costs of the applicant before the High Court, with a  stay on registration and execution for a period of 12 months from the date of  the High Court order,
 5)   There be liberty to apply.
 
 The order  of the High Court is under appeal to the Court of Appeal by the respondent  solicitor.