Solicitor Disciplinary Tribunal Decisions

Details for Edward A (otherwise Eamonn) Kelly

Name

Edward A (otherwise Eamonn) Kelly

Address

Eamonn Kelly, Solicitor, Iveragh Road, Killorglin, Co Kerry

Date of Order

29/02/2016

Decision

In the matter of Edward A Kelly (otherwise Eamonn Kelly), previously practising as Eamonn Kelly, Solicitor, at Iveragh Road, Killorglin, Co Kerry, and in the matter of the Solicitors Acts 1954-2011 [5754/DT47/14; DT48/14; DT49/14, DT50/14; DT51/14; DT52/14; DT53/14; DT54/14; High Court record 2016 no 16 SA]

Law Society of Ireland (applicant)

Edward A Kelly (otherwise Eamonn Kelly) (respondent solicitor)

On 5 November 2015, the Solicitors Disciplinary Tribunal heard eight complaints against the above solicitor. The tribunal found the respondent solicitor guilty of misconduct in his practice as a solicitor in that he:

5754/DT47/14

1)   Failed to comply with a solicitor’s undertaking to Bank of Ireland Mortgages, dated 28 March 2001, up to the date of swearing of the Society’s affidavit,

2)   Failed to reply to correspondence from the Society investigating the complaint, being letters dated 28 June 2012, 30 July 2012, 9 October 2012, 25 October 2012, 17 December 2012, and 15 January 2013,

3)   Failed to comply with 11 directions of the Complaints and Client Relations Committee numbered from (a) to (k) (inclusive) in the minutes of the meeting of the committee on 11 December 2012,

4)   Failed to attend a meeting of the committee on 11 February 2013, despite being required to so attend.

5754/DT48/14

1)   Failed to comply in a timely manner or at all with a solicitor’s undertaking dated 13 June 2005, furnished to the complainant in respect of his named client and property at Killorglin, Co Kerry,

2)   Failed to reply to correspondence from the Society, being letters dated 16 May 2012, 2 July 2012, 31 July 2012, 29 August 2012, and 27 September 2012,

3)   Failed to comply with a direction of the committee made on 16 October 2012 that he furnish the information laid out in the minutes from (a) to (k) (inclusive) within 21 days,

4)   Failed to attend the meeting of the Complaints and Client Relations Committee on 11 December 2012 or to arrange to be represented.

5754/DT49/14

1)   Failed to reply to correspondence from the Society, being letters dated 7 August 2012, 16 August 2012, 9 October 2012, 5 November 2012, and 20 February 2013,

2)   Failed to comply with the direction of the Complaints and Client Relations Committee made on 11 December 2012 requiring him to furnish certain information within 21 days or at all,

3)   Failed to attend a meeting of the committee, as required to do so on 19 February 2013.

5754/DT50/14

1)   Failed to comply with an undertaking to the complainant dated 22 May 2010 in respect of named clients and property at Cahirciveen, Co Kerry,

2)   Failed to reply to correspondence from the Society investigating the complaint, being letters dated 19 June 2012, 6 July 2012, 21 August 2012, 10 October 2012, 23 October 2012, 20 November 2012, and 15 January 2013,

3)   Failed to comply with the direction of the Complaints and Client Relations Committee set out at (a) to (k) (inclusive) of the minutes of the meeting of 11 December 2012.

5754/DT51/14

1)   Failed to comply with a solicitor’s undertaking dated 24 August 1998 furnished to the complainant on behalf of his named client and property at Beaufort, Co Kerry, in a timely manner or at all,

2)   Failed to reply to correspondence from the Society, being letters dated 16 May 2012, 7 June 2012, 26 July 2012, 9 August 2012, 30 August 2012, 1 October 2012, 22 October 2012, and 13 December 2012,

3)   Failed to comply with a direction of the Complaints and Client Relations Committee made on 16 October 2012 within 21 days, as directed,

4)   Failed to attend the meeting of the committee on 7 December 2012 as directed or to arrange representation.

5754/DT52/14

1)   Failed to comply with a solicitor’s undertaking furnished to the complainant, dated 29 June 2000, in respect of his named client and property at Killorglin, Co Kerry,

2)   Failed to reply to correspondence from the Society, being letters dated 16 May, 2012, 2 July 2012, 21 August 2012, 10 October 2012, 23 October 2012, 20 November 2012, and 15 January 2013,

3)   Failed to comply with a direction of the Complaints and Client Relations Committee made on 11 December 2012, and communicated to him by letter dated 17 December 2012, in a timely manner or at all.

5754/DT53/14

1)   Failed to comply with an undertaking, dated 2 April 2007 and given to EBS Limited, up to the date of swearing of the Society’s affidavit,

2)   Failed to reply to correspondence from the Society, being letters dated 16 May 2012, 2 July 2012, 15 August 2012, 30 August 2012, 13 September 2012, and 25 September 2012,

3)   Failed to comply with the direction of the Complaints and Client Relations Committee of 16 October 2012,

4)   Failed to attend the meeting of the committee on 11 December 2012 or to arrange to be represented.

5754/DT54/14

1)   Failed to comply with an undertaking furnished to the complainant, stamped February 2004, in respect of his named client and property at Palmerstown, Dublin 20, in a timely manner or at all,

2)   Failed to reply to correspondence from the Society investigating the complaint, being letters dated 16 May 2012, 7 June 2012, 21 August 2012, 24 September 2012, 8 October 2012, and 5 November 2012,

3)   Failed to attend a meeting of the Complaints and Client Relations Committee or to arrange representation on 19 February 2013, as required,

4)   Failed to comply with a direction of the committee made at its meeting on 11 December 2012 and communicated to him by letter dated 17 December 2012 within the time specified by the committee or at all,

5)   Failed to attend a meeting of the committee on 11 February 2013 despite being required to so attend.

The tribunal, having heard the eight complaints and made the findings of misconduct set out above, referred the matter to the President of the High Court and, in proceedings entitled 2016 no 16 SA on 29 February 2016, the High Court ordered that:

1)   The respondent solicitor’s name be struck from the Roll of Solicitors,

2)   The Law Society recover the costs of the proceedings herein and the costs of the proceedings before the Solicitors Disciplinary Tribunal, to include witness expenses, to be taxed in default of agreement.