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 Cindy McCarthy Yates

Name

Cindy McCarthy Yates

Address

McCarthy Solicitors, 4 The Gully, Bandon, Co Cork

Date of Order

02/11/2015

Decision

In the matter of Cindy McCarthy Yates, a solicitor previously practising as McCarthy Solicitors at 4 The Gully, Bandon, Co Cork, and in the matter of the Solicitors Acts 1954-2011 [12313/DT24/14; 12313/DT44/14; 12313/DT79/14; 12313/DT86/14; High Court record 2015 no 116 SA]

Law Society of Ireland (applicant)

Cindy McCarthy Yates (respondent solicitor)

12313/DT24/14

On 21 July 2015, the Solicitors Disciplinary Tribunal found the respondent solicitor guilty of professional misconduct in her practice as a solicitor in that she:

1)   Failed to ensure there was furnished to the Society an accountant’s report for the year ended 31 August 2012 within six months of that date, in breach of regulation 21(1) of the Solicitors Accounts Regulations 2001 (SI 421 of 2001),

2)   Through her conduct, showed disregard for her statutory obligation to comply with the Solicitors Accounts Regulations and showed disregard for the Society’s statutory obligation to monitor compliance with the regulations for the protection of clients and the public.

12313/DT44/14

On 21 July 2015, the Solicitors Disciplinary Tribunal found the respondent solicitor guilty of professional misconduct in her practice as a solicitor in that she:

1)   Failed to comply with an undertaking furnished to Bank of Ireland Mortgages in respect of her named clients and their customers and property at Co Cork, furnished on 15 July 2009, in a timely manner or at all,

2)   Failed to respond to the Society’s correspondence and, in particular, the Society’s letters of 14 May 2013, 4 June 2013, 20 June 2013, 11 July 2013, 30 July 2013, 26 September 2013, and 3 October 2013 within the time prescribed, in a timely manner, or at all,

3)   Failed to comply with the direction made by the Complaints and Client Relations Committee on 25 July 2013 that (a) she pay a €500 contribution towards the costs of the Society, and that (b) she furnish an update to the Society no later than 1 September 2013 in respect of the complaint.

12313/DT79/14

On 21 July 2015, the Solicitors Disciplinary Tribunal found the respondent solicitor guilty of professional misconduct in her practice as a solicitor in that she failed to ensure there was furnished to the Society a closing accountant’s report, as required by regulation 26(2) of the Solicitors Accounts Regulations, in a timely manner or at all.

12313/DT86/14

On 21 July 2015, the Solicitors Disciplinary Tribunal found the respondent solicitor guilty of professional misconduct in her practice as a solicitor in that she:

1)   Failed to comply with an undertaking dated 10 November 2011, furnished to Bank of Ireland Mortgages in respect of her named clients and their borrowers and property at Co Cork in a timely manner or at all,

2)   Failed to attend the meeting of the Complaints and Client Relations Committee on 24 September 2013, despite being required to do so by letter dated 17 September 2013.

The tribunal, in the four matters, recommended that the matters be sent forward to the High Court and, on 2 November 2015, in proceedings 2015 no 116 SA, the High Court ordered that the name of the respondent solicitor be struck from the Roll of Solicitors.