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.

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Details for Kieran Quill

Name

Kieran Quill

Address

J Hodnett & Son, Solicitors, Nelson House, Emmet Place, Youghal, Co Cork

Date of Order

11/07/2016

Decision

In the matter of Kieran Quill, a solicitor formerly practising as principal of J Hodnett & Son, Solicitors, Nelson House, Emmet Place, Youghal, Co Cork, and in the matter of the Solicitors Acts 1954-2011 [4513/DT112/14, 4513/DT68/15, 4513/DT93/15 and High Court record no 2016/71 SA]

Law Society of Ireland (applicant)

Kieran Quill (respondent solicitor)

4513/DT112/14

On 22 October 2015, the Solicitors Disciplinary Tribunal found the respondent solicitor guilty of misconduct in his practice as a solicitor in that, at the date of the referral of the matter to the tribunal, he had:

1)   Failed to comply in a timely manner or at all with one or more of the following undertakings: (a) undertaking in respect of a named client dated 6 December 2004, (b) undertaking in respect of named clients dated 1 June 2006, (c) undertaking in respect of a named client dated 2 October 2006, (d) undertaking in respect of named clients dated 18 April 2008, (e) undertaking in respect of a named client dated 23 June 2009, (f) undertaking in respect of named clients dated 6 June 2007, (g) undertaking in respect of a named client dated 9 July 2007, (h) undertaking in respect of named clients dated 5 August 2008, (i) undertaking in respect of named clients dated 6 June 1996, (j) undertaking in respect of named clients dated 28 December 2006, (k) undertaking in respect of named clients dated 27 March 2009, (l) undertaking in respect of named clients dated 23 March 2007, (m) undertaking in respect of named clients in respect of a named property, (n) undertaking in respect of named clients dated 16 March 2004, (o) undertaking in respect of named clients dated 12 May 2003, (p) undertaking in respect of named clients dated 1 August 2003, (q) undertaking in respect of named clients dated 1 November 2005, (r) undertaking in respect of a named client dated 3 December 2007, (s) undertaking in respect of named clients dated 18 April 2008, (t) undertaking in respect of a named client dated 11 November 2004, (u) undertaking in respect of named clients dated 6 January 2005, (v) undertaking in respect of named clients dated 4 May 2003, (w) undertaking in respect of named clients dated 14 May 2004, (x) undertaking in respect of named clients dated 29 June 2009,

2)   Failed to respond adequately or at all to correspondence from the complainant bank in respect of one or more of the aforementioned undertakings.

4513/DT68/15

On 14 January 2016, the Solicitors Disciplinary Tribunal found the respondent solicitor guilty of misconduct in his practice as a solicitor in that he:

1)   Failed to comply with a direction of the applicant’s Complaints and Client Relations Committee to refund excessive fees in the amount of €6,000 (plus VAT) to a client complainant,

2)   Failed to administer and/or make suitable arrangements to facilitate the administration of the estate of a named client in a timely manner,

3)   Failed to take adequate steps to ensure that the title deeds relating to the client complainant’s farm were located and/or furnished to the client in the course of the administration of his late mother’s estate,

4)   Failed to respond adequately or at all to some or all of the correspondence sent to him by the applicant, including correspondence dated 2 October 2012, and/or 31 January 2013, and/or 26 February 2013,

5)   Breached regulation 7(1)(a)(iii), and/or 7(2)(a), and/or 7(2)(b), and/or 8(4) of the Solicitors Accounts Regulations 2001 by taking client fees before they were due and owing.

4513/DT93/15

On 14 January 2016, the Solicitors Disciplinary Tribunal found the respondent solicitor guilty of misconduct in his practice as a solicitor in that he:

1)   Prior to 31 January 2013, transferred or caused to be transferred amounts totalling circa €13,334 out of the client account to the office account and/or in satisfaction of outlay, in circumstances where:

a)   Some or all of the transfers or payments were in breach of regulation 7(1) of the Solicitors Accounts Regulations,

b)   Some or all of the transfers or payments caused a debit balance to arise on various client ledger accounts in breach of regulation 7(2)(a) of the Solicitors Accounts Regulations,

c)   Some or all of the transfers were in breach of regulation 11(3) of the Solicitors Accounts Regulations,

d)   Some or all of the transfers amounted to a dishonest misappropriation of moneys belonging to one or more clients,

2)   Prior to 31 January 2013, in respect of 36 clients’ ledger accounts:

a)   Permitted credit balances totalling circa €12,281 to arise on the office side of the various clients’ ledger accounts, in breach of regulation 10(5) of the Solicitors Accounts Regulations,

b)   Failed without delay to correct the position in relation to credit balances totalling circa €12,281 on the office side of the various clients’ ledger accounts, in breach of regulation 10(5) of the Solicitors Accounts Regulations,

3)   In the course of acting for a named client, transferred or caused to be transferred in 2012 circa €5,500 from the client account of the named client to the office account, in circumstances where:

a)   The transfers were in breach of regulation 7(1) of the Solicitors Accounts Regulations,

b)   The transfers caused a debit balance to arise on the client ledger account, in breach of regulation 7(2)(a) of the Solicitors Accounts Regulations,

c)   The transfers amounted to a dishonest misappropriation of moneys belonging to one or more other clients,

d)   He concealed the existence of a debit balance by falsely including an amount of €5,500 as an outstanding lodgement when no such lodgement was in existence,

4)   In the course of acting for named clients in respect of the purchase of a property at a named place in or around October 2010:

a)   Failed to account to the named clients or the Revenue Commissioners in respect of some of the moneys paid to him by his clients to meet a stamp duty liability,

b)   Dishonestly transferred, or arranged to be transferred, a payment in the amount of €3,630 in June 2011, purporting to be professional fees plus VAT, when these moneys were properly payable to either the named clients or the Revenue Commissioners,

c)   The aforementioned transfer was in breach of regulation 11(3) of the Solicitors Accounts Regulations,

5)   In respect of the estate of a named client:

a)   Dishonestly transferred, or arranged to be transferred in or around August/September 2011, payments totalling in or around €16,607, purporting to be professional fees plus VAT, when these moneys were not properly payable to him,

b)   Transferred amounts totalling in or around €16,607 in circumstances where the transfer was in breach of regulation 11(3) of the Solicitors Accounts Regulations,

6)   In respect of the estate of a named client, transferred or arranged to be transferred amounts totalling circa €17,000, in late 2011, as professional fees and VAT, when these fees were excessive,

7)   In respect of a named client:

a)   Dishonestly transferred or arranged to be transferred amounts totalling circa €8,046, in 2011/2012, as professional fees and VAT, when some or all of this sum was not properly payable to him,

b)   The aforementioned transfer was in breach of regulation 11(3) of the Solicitors Accounts Regulations,

8)   In respect of a named client:

a)   Dishonestly transferred or arranged to be transferred amounts totalling circa €27,037, throughout the course of 2010 to 2013, as professional fees and VAT, when some or all of this sum was not properly payable to him,

b)   The aforementioned transfer was in breach of regulation 11(3) of the Solicitors Accounts Regulations,

c)   Made, or arranged to be made, two false postings on 16 January and 25 February 2013 in the amounts of €2,460 and €6,150 on the client ledger account,

d)   The aforementioned false postings represented a breach of regulation 12(2)(a) of the Solicitors Accounts Regulations,

e)   Failed to comply with regulation 12(3)(a) of the Solicitors Accounts Regulations in respect of the matters described in the professional fee account dated 21 December 2011,

9)   In respect of named clients:

a)   Dishonestly transferred or arranged to be transferred amounts totalling circa €4,960, in 2012, as professional fees and VAT, when this sum was not properly payable to him,

b)   The aforementioned transfer was in breach of regulation 11(3) of the Solicitors Accounts Regulations,

c)   Caused a debit balance to arise on the client ledger account in breach of regulation 7(2)(a) of the Solicitors Accounts Regulations,

10)   In respect of the estate of a named client:

a)   Dishonestly transferred, or arranged to be transferred, amounts totalling circa €6,000, from 2011 to 2013, as professional fees and VAT and outlay, when this sum was not properly payable to him,

b)   The aforementioned transfer was in breach of regulation 11(3) of the Solicitors Accounts Regulations,

c)   Caused a debit balance to arise on the client ledger account, in breach of regulation 7(2)(a) of the Solicitors Accounts Regulations,

11)   In respect of the estate of a named client:

a)   Dishonestly transferred, or arranged to be transferred, amounts totalling circa €5,146, in 2011, as professional fees and VAT when this sum was not properly payable to him,

b)   The aforementioned transfer was in breach of regulation 11(3) of the Solicitors Accounts Regulations,

c)   Caused a debit balance to arise on the client ledger account in breach of regulation 7(2)(a) of the Solicitors Accounts Regulations,

12)   In respect of the estate of a named client:

a)   Dishonestly transferred or arranged to be transferred amounts totalling circa €9,355, in 2012 and 2013, as professional fees and VAT, when some or all of this sum was not properly payable to him,

b)   The aforementioned transfer was in breach of regulation 11(3) of the Solicitors Accounts Regulations,

13)   Failed to maintain, as part of his accounting records, proper books of account showing the true financial position in relation to the   solicitor’s transactions with clients’ moneys, in breach of regulation 12(2)(a) of the Solicitors Accounts Regulations.

The tribunal referred the three aforementioned matters to the High Court and, on 11 July 2016, it was ordered by the High Court that:

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

2)   The respondent solicitor pay the sum of €7,500 to the applicant’s compensation fund,

3)   The respondent solicitor pay the sum of €12,420 as a contribution towards the whole of the costs of the applicant.