Solicitor Disciplinary Tribunal Decisions

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Details for Michael Crawford

Name

Michael Crawford

Address

Lurganboy, Manorhamilton, Co Leitrim

Date of Order

14/03/2016

Decision

In the matter of Michael Crawford, a solicitor formerly practising as Michael Crawford, Solicitor, Lurganboy, Manorhamilton, Co Leitrim, and in the matter of the Solicitors Acts 1954-2011[5022/DT194/13; 5022/DT01/14; 5022/DT02/14; 5022/DT16/14; 5022/DT19/14; and High Court record 2016 no 11 SA]

Law Society of Ireland (applicant)

Michael Crawford (respondent solicitor)

 

On 14 October 2015, the Solicitors Disciplinary Tribunal found the respondent solicitor guilty of misconduct in his practice as a solicitor in that he:

 

5022/DT194/13

1)      Failed expeditiously, within a reasonable time, or at all to comply with an undertaking given by him in respect of named clients at property at Co Leitrim to IIB Homeloans KBC Bank Plc, by undertaking dated 3 December 2004,

2)      Failed to reply adequately or at all to the complainant’s correspondence in respect of the first complaint and named clients and, in particular, by letters dated 21 June 2007, 16 April 2009, 3 June 2009, 1 September 2009, 3 September 2009, 16 September 2009, 30 November 2009, 10 August 2010, 2 December 2010, 11 March 2011, 21 June 2011, 22 June 2011, 5 October 2011, 10 January 2012 and 23 August 2012 respectively,

3)      Failed to reply to the Society’s correspondence in respect of the first complaint and named clients and, in particular, letters dated 7 September 2012, 21 September 2012 and 19 October 2012 respectively,

4)      Failed to comply with a direction of the Complaints and Client Relations Committee in respect of the first complaint and named clients, at the committee meeting dated 16 October 2012, within a reasonable time or at all,

5)      Failed to comply with a direction of the committee in respect of the first complaint and named clients, originally directed by the committee meeting of 16 October 2012 and further extended by the committee meeting on 11 December 2012, within a reasonable time or at all,

6)      Failed expeditiously, within a reasonable time, or at all to comply with an undertaking given by him in respect of named clients over property at Co Leitrim to IIB Homeloans KBC Bank, dated 25 April 2005,

7)      Failed to reply adequately or at all to the complainant’s correspondence in respect of the second complaint and named clients and, in particular, letters dated 4 June 2007, 1 September 2009, 16 September 2009, 12 January 2011, 18 April 2011, 2 August 2011, 18 November 2011, 11 January 2012, 22 June 2012, 3 July 2012, 21 August 2012 and 15 October 2012 respectively.

 

5022/DT01/14

1)      Failed to comply expeditiously, within a reasonable time, or at all with a direction of the Complaints and Client Relations Committee, made at its meeting on 19 February 2013, whereby he was directed to do the following: (a) make available the file or a complete copy thereof to the complainant, (b) refund any undisbursed outlay paid by the client, (c) waive refund any professional fees charged,

2)      Failed to attend before the Complaints and Client Relations Committee meeting on 19 February 2013, despite being required to do so,

3)      By his acts and omissions and his treatment of the complainant, brought the profession into disrepute.

 

5022/DT02/14

1)      Failed to comply with a direction of the Complaints and Client Relations Committee at its meeting of 19 February 2013, which directed him (a) to make available the file or a complete copy of to the complainants, (b) that any undisbursed outlay paid by the complainants should be refunded, (c) that the professional fees should be waived / refunded,

2)      Failed to respond adequately or at all to the complainant’s correspondence and, in particular, letters dated 10 January 2012 and 19 January 2012 respectively,

3)      Failed to respond adequately or at all to the Society’s correspondence and, in particular, letters dated 30 January 2012, 22 May 2012, 7 June 2012 and 20 June 2012 respectively,

4)      Failed to attend a meeting of the Complaints and Client Relations Committee on 19 February 2013, despite being required to do so,

5)      Brought the profession into disrepute by his complete disregard for the interests of named clients.

 

5022/DT16/14

1)      Failed to comply with an undertaking expeditiously, within a reasonable time, or at all given by him to AIB Bank on 7 October 1996 on behalf of named clients over property at Co Leitrim,

2)      Failed to reply adequately or at all to the complainant’s correspondence in respect of the first complaint and named clients and, in particular, letters dated 14 March 2011, 5 July 2011, 14 February 2012, 20 February 2012, 6 March 2012, 28 March 2012, 12 April 2012 and 27 April 2012 respectively,

3)      Failed to comply expeditiously, within a reasonable time, or at all with an undertaking given by him to AIB Bank on 15 September 2000 in respect of named clients over property at Co Donegal,

4)      Failed to reply adequately or at all to the complainant’s correspondence in relation the second complaint and named clients and, in particular, letters dated 22 June 2011, 20 February 2012, 6 March 2012, 28 March 2012, 12 April 2012 and 27 April 2012 respectively,

5)      Failed to comply expeditiously, within a reasonable time, or at all with an undertaking given by him on 16 July 2001 to AIB Bank in respect of a named client over property at Dublin 9,

6)      Failed to reply adequately or at all to the complainant’s correspondence in respect of the fourth complaint and a named client and, in particular, letters dated 31 January 2011, 5 July 2011, 20 February 2012, 6 March 2012, 28 March 2012, 12 April 2012 and 27 April 2012 respectively,

7)      Failed to comply expeditiously, within a reasonable time, or at all with an undertaking given by him on 26 April 2002 to AIB Bank on behalf of named clients over property at Co Leitrim,

8)      Failed to reply adequately or at all to the complainant’s correspondence in respect of the fifth complaint and named clients and, in particular, letters dated 17 April 2009, 10 June 2009, 12 June 2009, 20 February 2012, 6 March 2012, 28 March 2012, 12 April 2012 and 27 April 2012 respectively,

9)      Failed to comply expeditiously, within a reasonable time, or at all with an undertaking given by him to AIB Bank on 22 July 2003 in respect of a named client over property at Dublin 7,

10)  Failed to reply to the complainant’s correspondence in respect of the seventh complaint and a named client and, in particular, letters dated 31 January 2011, 5 July 2011, 20 February 2012, 6 March 2012, 28 March 2012, 12 April 2012 and 27 April 2012 respectively,

11)  Failed to comply expeditiously, within a reasonable time, or at all with an undertaking given by him to AIB Bank on 13 November 2003 in respect of a named client over property at Co Cavan,

12)  Failed to reply adequately or at all to the complainant’s correspondence in respect of the eighth complaint and a named client and, in particular, letters dated 19 August 2011, 28 October 2011, 20 February 2012, 6 March 2012, 28 March 2012, 12 April 2012 and 27 April 2012 respectively,

13)  Failed to comply expeditiously, within a reasonable time, or at all with an undertaking given by him to AIB Bank on 1 December 2004 in respect of named clients over property at Sligo,

14)  Failed to reply adequately or at all to the complainant’s correspondence in respect of the ninth complaint and named clients and, in particular, letters dated 17 April 2009, 10 June 2009, 12 June 2009, 20 February 2012, 6 March 2012, 28 March 2012, 12 April 2012 and 27 April 2012 respectively,

15)  Failed to comply expeditiously, within a reasonable time, or at all with an undertaking given by him to AIB Bank on 28 April 2005 in respect of a named client over property at Co Leitrim,

16)  Failed to reply adequately or at all to the complainant’s correspondence in respect of the tenth complaint and a named client and, in particular, letters dated 19 August 2011, 28 October 2011, 20 February 2012, 6 March 2012, 28 March 2012, 12 April 2012 and 27 April 2012 respectively,

17)  Failed to comply expeditiously, within a reasonable time, or at all with an undertaking given by him to AIB Bank on 11 May 2006 in respect of named clients over property at Co Sligo,

18)  Failed to reply adequately to the complainant’s correspondence in respect of the 11th complaint and named clients and, in particular, letters dated 23 April 2010, 25 February 2012, 6 March 2012, 28 March 2012, 12 April 2012 and 27 April 2012 respectively,

19)  Failed to comply expeditiously, within a reasonable time, or at all with an undertaking given by him to AIB Bank on 28 August 2006 in respect of named clients over property at Co Leitrim,

20)  Failed to reply adequately or at all to the complainant’s correspondence in respect of the 12th complaint and named clients and, in particular, letters dated 31 January 2011, 5 July 2011, 20 February 2012, 6 March 2012, 28 March 2012, 12 April 2012 and 27 April 2012 respectively,

21)  Failed to comply expeditiously, within a reasonable time, or at all with an undertaking given by him to AIB Bank on 21 May 2007 in respect of named clients over property at Co Sligo,

22)  Failed to reply adequately or at all to the complainant’s correspondence in respect of the 13th complaint and named clients and, in particular, letters dated 9 January 2012, 20 February 2012, 6 March 2012, 28 March 2012, 12 April 2012 and 27 April 2012 respectively,

23)  Failed to comply expeditiously, within a reasonable time, or at all with an undertaking given by him to AIB Bank on 1 April 2008 in respect of a named client over property at Co Leitrim,

24)  Failed to reply adequately or at all to the complainant’s correspondence in respect of the 14th complaint and a named client and, in particular, letters dated 14 July 2010, 20 February 2012, 6 March 2012, 28 March 2012, 12 April 2012 and 27 April 2012 respectively,

25)  Failed to comply expeditiously, within a reasonable time, or at all with an undertaking given by him to AIB Bank on 14 April 2008 in respect of named clients over property at Co Leitrim,

26)  Failed to reply adequately or at all to the complainant’s correspondence in respect of the 15th complaint and named clients and, in particular, letters dated 28 February 2011, 5 July 2011, 20 February 2012, 6 March 2012, 28 March 2012, 12 April 2012 and 27 April 2012 respectively,

27)  Failed to comply expeditiously, within a reasonable time, or at all with an undertaking given by him to AIB Bank on 9 June 2008 in respect of named clients over property at Co Leitrim,

28)  Failed to reply adequately or at all to the complainant’s correspondence in respect of the 16th complaint and named clients and, in particular, letters dated 31 January 2011, 5 July 2011, 20 February 2012, 6 March 2012, 28 March 2012, 12 April 2012 and 27 April 2012 respectively,

29)  Failed to comply adequately or at all with a direction of the Complaints and Client Relations Committee at its meeting on 16 October 2012.

 

5022/DT19/14

First complaint

1)      Failed to comply expeditiously, within a reasonable time, or at all with an undertaking given by him to ICS Building Society Ltd on behalf of a named client on 10 December 2001 over property at Co Mayo,

2)      Failed to respond adequately or at all to the complainant’s correspondence in respect of the first complaint and, in particular, letters dated 9 June 2008, 2 July 2008, 4 March 2011 and 23 June 2011 respectively,

3)      Failed to comply adequately or at all with the directions of the Complaints and Client Relations Committee at its meeting on 16 October 2012 in respect of the first complaint.

4)      Failed to comply adequately or at all with the directions of the Complaints and Client Relations Committee at its meeting of 11 December 2012 in respect of the first complaint.

 

Second complaint

1)      Failed to comply expeditiously, within a reasonable time, or at all with undertakings given by him to ICS Building Society Ltd on 10 December 2001 and 29 June 2005 respectively on behalf of a named client over property at Co Mayo,

2)      Failed to reply adequately or at all to the complainant’s correspondence in respect of the second complaint and, in particular, letters dated 2 July 2008, 4 March 2011 and 23 June 2011 respectively,

3)      Failed to comply adequately or at all with the directions of the Complaints and Client Relations Committee in respect of the second complaint at its meeting on 16 October 2012,

4)      Failed to comply adequately or at all with the directions of the Complaints and Client Relations Committee at its meeting on 11 December 2012 in respect of the second complaint.

 

Third complaint

1)      Failed to comply expeditiously, within a reasonable time, or at all with undertakings given by him to Bank of Ireland Mortgages on 29 July 2003 and 29 May 2006 respectively on behalf of a named client over property at Co Roscommon,

2)      Failed to reply adequately or at all to the complainant’s correspondence in respect of the third complaint and, in particular, letters dated 15 July 2004, 13 January 2005, 14 July 2005, 22 May 2008, 2 July 2008, 18 January 2010, 26 April 2010, 4 June 2010, 4 March 2011 and 8 April 2011 respectively,

3)      Failed to reply adequately or at all to the Society’s correspondence in respect of the third complaint and, in particular, letters dated 9 September 2011, 25 October 2011, 8 November 2011, 23 November 2011 and 30 November 2011 respectively,

4)      Failed to comply adequately or at all with the directions of the Complaints and Client Relations Committee at its meeting dated 16 October 2012 in respect of the third complaint,

5)      Failed to comply adequately or at all with the directions of the Complaints and Client Relations Committee at its meeting on 11 December 2012 in respect of the third complaint.

 

Fourth complaint

1)      Failed to comply expeditiously, within a reasonable time, or at all with an undertaking given by him to ICS Building Society Ltd on 5 October 2004 on behalf of a named client over property at Co Leitrim,

2)      Failed to reply adequately or at all to the complainant’s correspondence in respect of the fourth complaint and, in particular, letters dated 22 December 2006, 2 July 2008, 29 January 2004 and 4 March 2011 respectively,

3)      Failed to comply adequately or at all with the directions of the Complaints and Client Relations Committee at its meeting on 16 October 2012 in respect of the fourth complaint,

4)      Failed to comply adequately or at all with the directions of the Complaints and Client Relations Committee at its meeting on 11 December 2012 in respect of the fourth complaint.

 

Fifth complaint

1)      Failed to comply expeditiously, within a reasonable time, or at all with an undertaking given by him to Bank of Ireland on behalf of a named clients on 8 December 2004 over property at Co Mayo,

2)      Failed to reply adequately or at all to the complainant’s correspondence in respect of the fifth complaint and, in particular, letters dated 19 January 2006, 20 July 2006, 18 January 2007, 8 February 2007, 2 July 2008, 18 July 2008, 18 January 2010, 26 April 2010, 4 June 2010, 4 March 2011 and 8 April 2011 respectively,

3)      Failed to reply adequately or at all to the Society’s correspondence in respect of the fifth complaint and, in particular, letters dated 9 September 2011, 19 October 2011, 8 November 2011, 23 November 2011 and 30 November 2011 respectively,

4)      Failed to comply adequately or at all with the directions of the Complaints and Client Relations Committee at its meeting on 16 October 2012 in respect of the fifth complaint,

5)      Failed to comply adequately or at all with the directions of the Complaints and Client Relations Committee at its meeting on 11 December 2012 in respect of the fifth complaint.

 

Sixth complaint

1)      Failed to comply expeditiously, within a reasonable time, or at all with an undertaking given by him to Bank of Ireland on 11 September 2006 on behalf of named clients over property at Co Leitrim,

2)      Failed to reply adequately or at all to the complainant’s correspondence in respect of the sixth complaint and, in particular, letters dated 18 September 2009, 18 January 2010, 26 April 2010, 4 June 2010, 4 March 2011 and 8 April 2011 respectively,

3)      Failed to reply adequately or at all to the Society’s correspondence in respect of the sixth complaint and, in particular, letters dated 9 September 2011, 25 October 2011, 8 November 2011, 23 November 2011 and 30 November 2011 respectively,

4)      Failed to comply adequately or at all with the directions of the Complaints and Client Relations Committee at its meeting on 16 October 2012 in respect of the sixth complaint,

5)      Failed to comply adequately or at all with the directions of the Complaints and Client Relations Committee at its meeting on 11 December 2012 in respect of the sixth complaint.

 

Seventh complaint

1)      Failed to comply expeditiously, within a reasonable time, or at all with undertakings given by him to Bank of Ireland on 4 December 2006 and 25 February 2008 on behalf of a named client over property at Co Roscommon,

2)      Failed to reply adequately or at all to the complainant’s correspondence in respect of the seventh complaint