Solicitor Disciplinary Tribunal Decisions

Details for Robert Sweeney

Name

Robert Sweeney

Address

Robert Sweeney, First Floor, Crossview House, High Road, Letterkenny, Co Donegal

Date of Order

02/11/2015

Decision

In the matter of Robert Sweeney, a solicitor previously practising as Robert Sweeney, First Floor, Crossview House, High Road, Letterkenny, Co Donegal, and in the matter of the Solicitors Acts 1954-2011 [10658/DT130/14; 10658/DT27/15; 10658/DT32/15; 10658/DT39/15; High Court record 2015 no 117 SA]

Law Society of Ireland (applicant)

Robert Sweeney (respondent solicitor)

On 30 June 2015, the Solicitors Disciplinary Tribunal found the respondent solicitor guilty of misconduct in his practice as a solicitor in four separate referrals from the Society to the disciplinary tribunal as follows:

10658/DT130/14

1)   Allowed a deficit of client funds in the practice of €27,190 as of 31 October 2013,

2)   Allowed a deficit of at least €107,700 of clients’ funds in the practice as of 30 January 2014,

3)   Failed to account to his client for the sum of €25,000 received as a deposit, as set out at paragraph 4.3 and paragraph 5.3 of the investigation report of 19 December 2013,

4)   Misled the Regulation of Practice Committee at its meeting on 22 January 2014 by indicating that the bank draft in relation to the sale deposit had either been lost or mislaid, when it subsequently transpired that same had been lodged to the solicitor’s personal AIB bank account on 12 November 2012,

5)   Misled the Regulation of Practice Committee at its meeting on 22 January 2014 by indicating that the proceeds of a sale were in the solicitor’s client account, when it subsequently transpired that part of the sale moneys, namely a deposit of €43,000 ,had been lodged to the solicitor’s personal AIB bank account on 11 October 2013,

6)   In five different instances, lodged €129,200 of clients’ moneys to the solicitor’s personal bank account. in breach of regulation 4,

7)   Failed to stamp 38 deeds, as set out in appendix 2 of the investigation report of 19 December 2013,

8)   Submitted deeds for stamping with an updated deed, notwithstanding the fact that he was in funds to stamp the deed on closing, as set out in paragraph 5.7 of the investigation report of 19 December 2013,

9)   Used client funds to pay stamp duty penalties, as set out in paragraph 4.4 of the investigation report of 19 December 2013,

10) Failed to provide vouching documentation for a payment of €15,000, as set out in paragraph 4.10 of the investigation report, and subsequently gave an incorrect explanation as to the source of such funds to the Regulation of Practice Committee at its meeting on 22 January 2014,

11) Requisitioned client account cheques for registration fees, but never forwarded the said cheques to the Property Registration Authority and never registered the documentation,

12) Transferred professional fees twice, causing a shortfall in relation to a client purchase file of €785.

10658/DT27/15

1)   Failed to comply in a timely manner or at all with an undertaking dated 31 October 2012 to the complainant in respect of a property at Clondalkin, Dublin 22, owned by a named client,

2)   Failed to comply in a timely manner or at all with an undertaking dated 21 December 2010 to the complainant in respect of a property at Loughlinstown, Co Dublin, owned by named clients,

3)   Failed to respond adequately or at all to correspondence from the complainant in respect of one or more of the above undertakings,

4)   Failed to respond adequately or at all to correspondence from the Society in respect of one or more of the above undertakings.

10658/DT32/15

1)   Failed to comply in a timely manner or at all with an undertaking dated 24 June 2010 to the complainant in respect of his named client,

2)   Failed to respond adequately or at all to correspondence from the complainant in respect of the above,

3)   Failed to respond adequately or at all to correspondence from the Society in respect of the above.

10658/DT39/15

1)   Failed to comply in a timely manner or at all with the following undertakings: undertaking dated 21 June 2010 in relation to property in Menlough, Co Galway, and his named clients (complaint one); undertaking dated 21 October 2009 in respect of property in Bray, Co Wicklow, in respect of named clients (complaint two); undertaking dated 11 June 2010 in relation to property at Kells, Co Meath, and in respect of his named clients (complaint three); undertaking of 1 March 2011 in respect of property in Kinsealy, Co Dublin, and in respect of his named client (complaint four); undertaking dated 21 September 2010 in respect of property at Blackrock, Co Dublin, in respect of his named client (complaint five); undertaking of 2 March 2011 in relation to property at Sallynoggin, Co Dublin, in respect of his named client (complaint six); undertaking of 29 October 2010 in relation to property at the Tenters, Dublin 8, in respect of his named clients (complaint seven); undertaking of 23 March 2011 in relation to property at Trim, Co Meath, in respect of his named client (complaint eight); undertaking of 23 August 2010 in relation to property at Dublin 7 in respect of his named clients (complaint nine),

2)   Failed to respond adequately or at all to correspondence with the Society in respect of one or more of the above undertakings.

The tribunal ordered that the four matters should go forward to the High Court and, on 2 November 2015, in proceedings entitled 2015 no 117 SA, the President of the High Court ordered on consent that:

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

2)   The respondent solicitor pay the whole of the costs of the Society, including witnesses’ expenses, to be taxed in default of agreement.