Solicitor Disciplinary Tribunal Decisions

Details for Kevin O'Keeffe

Name

Kevin O'Keeffe

Address

Coakley Moloney Solicitors, 49 South Mall, Cork,

Date of Order

03/02/2016

Decision

In the matter of Kevin O’Keeffe, solicitor, formerly practising in Coakley Moloney Solicitors, 49 South Mall, Cork, and in the matter of the Solicitors Acts 1954-2011 [4536/DT16/13 and High Court record 2014 no 100 SA]

Law Society of Ireland (applicant)

Kevin O’Keeffe (respondent solicitor)

On 2 December 2013, the Solicitors Disciplinary Tribunal found the respondent solicitor guilty of misconduct in his practice as a solicitor in that he:

1)   Misapplied stamp duty and outlay funds of €83,945, received in respect of a property purchase by a named client, between 6 February 2004 and 8 August 2005, giving rise to a deficit on the client account,

2)   Failed to stamp the deeds in the property purchase by a named client, despite having received stamp duty moneys in June 2003, and thereby giving rise to a potential liability to interest and penalties,

3)   Failed to disclose the above unpaid stamp duty liability in a client matter at the time of the investigation by the Law Society in September 2010 or in a timely manner thereafter,

4)   Misapplied in or about €71,195 from stamp duty moneys of a named client on or about 15 February 2006, by discharging costs in an unrelated client matter using same, giving rise to a deficit on the client account,

5)   Misapplied a further €20,000 from the stamp duty moneys of a named client on or about 9 May 2006, by making a payment in that amount to an unrelated client, giving rise to a deficit on the client account,

6)   Failed to disclose the misapplication of the above stamp duty moneys of a named client at the time of the investigation by the Law Society in September 2010 or in a timely manner thereafter,

7)   Caused a payment of €25,000 to be made to a named client in or about January 2007, when there were no funds in the client ledger to meet the payment, giving rise to a deficit on the client account of €25,000,

8)   Caused or allowed the above payment of €25,000 to be made from funds on a client ledger of which funds were the subject of an undertaking to repay bank borrowings,

9)   Caused or allowed payments of €11,000 on 10 March 2009 and €17,000 on 20 July 2009 to be wrongly made from the client account, giving rise to a deficit, in circumstances where there were no funds received in the client account in respect of these payments,

10) Between 12 June 2006 and 11 December 2007, misapplied funds totalling €3,656 from a client ledger, giving rise to a deficit on the client account,

11) Caused or allowed a payment of €50,000 from the client account on or about 8 January 2009 in respect of the estate of a named client when there were no funds in the client account for the estate,

12) Caused or allowed the above payment of €50,000 to be made from funds on the client ledger of a named client, which funds were the subject of an undertaking to a bank to satisfy a loan,

13) Misappropriated and/or failed to apply a sum of €15,000 for CAT paid by a beneficiary of the estate of a named client,

14) Caused or allowed payments of €7,500 on 13 December 2002, €5,000 on 10 July 2003, and €5,000 on 23 September 2003 to be wrongly paid from the client account, giving rise to deficits totalling €17,500 on the client account,

15) By his actions, caused a deficit on the client account of the practice of Coakley Moloney as at 16 January 2012 of in or about €153,440.

The tribunal ordered that the matter go forward to the High Court and, on 9 March 2015, the High Court ordered:

1)   That the respondent solicitor not be permitted to practise as a sole practitioner; that he be permitted to practise only as an assistant solicitor in the employment and under the direct control and supervision of another solicitor of at least ten years’ standing, to be approved in advance by the Society,

2)   That the respondent solicitor must never have signing rights either solely or jointly over any client account,

3)   That the respondent solicitor pay the sum of €15,000 to the compensation fund of the Law Society of Ireland,

4)   That Mr Justin McCarthy, solicitor, and Mr David Keane, solicitor, provide a bond in the sum of €100,000 to the High Court by way of a personal guarantee as to the respondent solicitor’s future conduct, as appended to the High Court order and executed on 9 March 2015,

5)   That the respondent solicitor pay the whole of the applicant’s costs, to include witness expenses of the Solicitors Disciplinary Tribunal proceedings, with taxation in default of agreement,

6)   That the respondent pay the applicant the costs of the within proceedings, with taxation in default of agreement.