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.

Back to list

Details for Elizabeth McGrath

Name

Elizabeth McGrath

Address

O’Connell McGrath Solicitors, 5 Athlunkard Street, Limerick

Date of Order

25/01/2016

Decision

In the matter of Elizabeth McGrath, a former solicitor previously practising as O’Connell McGrath Solicitors at 5 Athlunkard Street, Limerick, and in the matter of the Solicitors Acts 1954-2011 [11016/DT21/14; 11016/DT62/14; High Court record 2015 no 216 SA]

Law Society of Ireland (applicant)

Elizabeth McGrath (respondent solicitor)

On 16 April 2015, the Solicitors Disciplinary Tribunal found the respondent solicitor guilty of misconduct in her practice as a solicitor in that she:

11016/DT21/14

1)   Failed to comply with an undertaking dated 16 July 2009 furnished to EBS Building Society in respect of her named clients and property in Co Limerick in a timely manner or at all,

2)   Failed to respond to the Society’s correspondence and, in particular, the Society’s letters of 18 April 2012 and 2 May 2012 in a timely manner or at all,

3)   Failed to comply with the direction of the Complaints and Client Relations Committee made at its meeting on 12 June 2012 that she make a contribution of €300 towards the costs incurred by the Society as a consequence of her failure to respond to the Society,

4)   Failed to comply with the direction of the Complaints and Client Relations Committee, made at its meeting of 26 July 2012, that she comply with the section 10 notice and that she pay a further sum of €150 in respect of her failure to respond to the Society’s correspondence.

11016/DT62/14

1)   Notwithstanding the fact that she had a second signatory on the client account, allowed a deficit of €16,447.01 to be in existence on her client account as of 30 June 2013, due to client ledger debit balances, in breach of regulation 7(2) of the Solicitors Accounts Regulations,

2)   Notwithstanding the fact that she had a second signatory on the client account, allowed a further deficit of €36,861.76 to be in existence as of 30 September 2013,

3)   Failed to keep proper books of account on a regular basis, allowing same to have been approximately nine months in arrears prior to the investigation of her practice, in breach of regulation 12 of the Solicitors Accounts Regulations,

4)   Allowed debit balances to arise as of 31 December 2012 of €9,997, in breach of regulation 7(2) of the Solicitors Accounts Regulations, and failed to have all cleared, notwithstanding the fact that her reporting accountant stated that the deficit had been cleared in full,

5)   Paid part of the premium due for her professional indemnity insurance from the client account on 24 May 2013,

6)   Made round sum transfers of costs totalling €16,500 from the client account to the office account without supporting documentation.

On 25 January 2016, the High Court declared that the respondent is not a fit person to be a member of the solicitors’ profession, having regard to the adjudication made by the Solicitors Disciplinary Tribunal on 16 April 2015 in respect of the complaints then before the tribunal, and ordered that the respondent do pay to the Society the whole of the costs of the proceedings, to be taxed in default of agreement.

The respondent solicitor had previously been struck off the Roll of Solicitors by the High Court on 28 April 2014.