Solicitor Disciplinary Tribunal Decisions

Details for Deirdre Fahy

Name

Deirdre Fahy

Address

D Fahy & Associates, Solicitors, 69 Main Street, Blackrock, Co Dublin

Date of Order

10/10/2016

Decision

In the matter of Deirdre Fahy, a solicitor previously practising as D Fahy & Associates, Solicitors, at 69 Main Street, Blackrock, Co Dublin, and in the matter of the Solicitors Acts 1954-2011 [5471/DT163/15; DT164/15; DT165/15; and High Court record 2016 no 128 SA]

Law Society of Ireland (applicant)

Deirdre M Fahy (respondent solicitor)

On 15 June 2016, the Solicitors Disciplinary Tribunal heard three complaints against the respondent solicitor. The tribunal found her guilty of misconduct in her practice as a solicitor in that she:

5471/DT163/15

1)   Failed to register her client’s title to property in Balbriggan, Co Dublin, in a timely manner, despite being instructed and paid to do so in 2005,

2)   Failed to comply with the direction made by the Complaints and Client Relations Committee at its meeting of 21 July 2015 that she furnish a full updated report in relation to the matters that were the subject matter of the complaint on or before Friday 4 September 2015, and communicated to her by letter dated 27 July 2015,

3)   Failed to correspond with the Society in a timely manner, within the time provided in those letters, or at all and, in particular, the Society’s letters of 21 May 2015, 4 June 2015, and 27 July 2015.

5471/DT164/15

1)   Failed to complete the registration of her former client’s title and mortgage in respect of their property in Lucan, Co Dublin, in a timely manner or at all, having been contracted to do so in 2006,

2)   Deducted costs and €18,000 for stamp duty from a bill of costs in 2006 and failed to utilise that sum in a timely manner for the purpose for which it was deducted,

3)   Failed to respond in a timely manner, within the time provided, or at all to the Society’s letters to her of 2 June 2015, 18 June 2015, and 27 July 2015,

4)   Failed to comply with the direction made by the Complaints and Client Relations Committee at its meeting on 21 July 2015, and communicated to her by letter dated 27 July 2015, that she furnish a full updated report to the Society in relation to the complaint on or before Friday 4 September 2015.

5471/DT165/15

1)   Failed to comply with an undertaking furnished to the complainants on 29 September 2006 in respect of her named clients and property at Drimnagh, Dublin 12, in a timely manner or at all,

2)   Failed to comply with an undertaking furnished to the complainants on 23 May 2005 in respect of her named clients and property at Balbriggan, Co Dublin, in a timely manner,

3)   Failed to comply with an undertaking furnished to the complainants on 3 May 2006 in respect of her named clients and property at Lucan, Co Dublin, in a timely manner or at all,

4)   Failed to comply with an undertaking furnished to the complainants on 31 May 2006 in respect of her named clients and property at Lucan, Co Dublin, in a timely manner or at all,

5)   Failed to comply with an undertaking furnished to the complainants on 15 November 2005 in respect of her named client and property at Clondalkin, Dublin 22, in a timely manner or at all,

6)   Failed to comply with an undertaking furnished to the complainants on 19 May 2005 in respect of her named clients and property at Donaghmede, Dublin 13, in a timely manner or at all,

7)   Failed to comply with an undertaking furnished to the complainants on 9 August 2007 in respect of her named client and property in Co Clare in a timely manner,

8)   Failed to comply with an undertaking furnished to the complainants on 23 April 2004 in respect of her named clients and property at Santry, Dublin 11, in a timely manner,

9)   Failed to comply with an undertaking furnished to the complainants on 19 May 2008 in respect of her named client and property in Co Mayo in a timely manner or at all,

10) Failed to comply with an undertaking furnished to the complainants on 28 March 2002 in respect of her named client and property at Lucan, Co Dublin, in a timely manner,

11) Failed to comply with an undertaking furnished to the complainants on 10 October 2002 in respect of her named clients and property at Newbridge, Co Kildare, in a timely manner or at all,

12) Failed to comply with an undertaking furnished to the complainants on 25 February 2008 in respect of her named client and property at Finglas West, Dublin 11, in a timely manner or at all,

13) Failed to comply with an undertaking furnished to the complainants on 3 December 2007 in respect of her named client and property at Sandyford, Co Dublin, in a timely manner or at all,

14) Failed to comply with an undertaking furnished to the complainants on 16 November 2007 in respect of her named clients and property at Sandyford, Dublin 18, in a timely manner or at all,

15) Failed to comply with an undertaking furnished to the complainants on 27 November 2006 in respect of her named clients and property at Clondalkin, Dublin 24, in a timely manner,

16) Failed to return deeds furnished to her on accountable receipt on 19 July 2011 from the complainants in respect of property in Co Wicklow and her named client in a timely manner,

17) Failed to respond to the Society’s correspondence and, in particular, the Society’s letters of 20 January 2015, 4 February 2015, 23 February 2015, and 23 March 2015 in a timely manner, within the time provided in the letter, or at all.

The tribunal, having heard the three complaints and made those findings of misconduct, referred the matter forward to the High Court and, on 10 October 2016, the High Court declared and ordered that:

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

2)   The respondent solicitor pay the whole of the costs of the Law Society of Ireland, to be taxed by a taxing master of the High Court in default of agreement.

The solicitor’s name had already been struck from the Roll of Solicitors by order of the High Court on 1 February 2016.