Solicitor Disciplinary Tribunal Decisions

Details for Alexander Gibbons

Name

Alexander Gibbons

Address

Gibbons & Co, 2 Riverside, Kent Street, Clonakilty, Co Cork

Date of Order

19/10/2015

Decision

In the matter of Alexander Gibbons, a solicitor formerly practising as Gibbons & Co, 2 Riverside, Kent Street, Clonakilty, Co Cork, and in the matter of the Solicitors Acts 1954-2011 [5839/DT119/12; 5839/DT147/12; 5839/DT172/12; 5839/DT108/13; 5839/DT09/13; 5839/DT10/13; 5839/DT 52/14; High Court record 2015 89 SA]

Law Society of Ireland (applicant)

Alexander Gibbons (respondent solicitor)

On 11 November 2014, the Solicitors Disciplinary Tribunal heard seven complaints against the respondent solicitor and found him guilty of misconduct in his practice as a solicitor, in that he:

5839/DT119/12

Failed to comply, within 21 days of the meeting of the Complaints and Client Relations Committee on 2 June 2011 or at all up to the date of swearing of the affidavit, with the direction of the committee on 4 February 2011 that he make a contribution of €500 towards the Law Society's costs.

5839/DT147/12

1)   Allowed a deficit on his client account of €430,958 as at 31 January 2011, which deficit increased to €557,184 as of 22 July 2011,

2)   Engaged in a process of teeming and lading to conceal the misappropriation of funds from the client account,

3)   Wrongfully withdrew €57,163 from the client bank account between 1 February 2011 and 31 May 2011 and used such funds for his own purposes,

4)   Wrongfully withdrew from the client ledger an amount of €87,063 for his benefit between November 2009 and April 2010,

5)   Lodged €15,372 from the sale of shares belonging to an estate to the office account, thereby creating a credit balance of €15,372 in the office account,

6)   Wrongfully lodged a client cheque for €257,007 to the office account on 5 July 2010 and did not rectify this until 29 October 2010,

7)   Allowed deeds to remain unstamped with a liability of €63,000 and €7,800, which liabilities were on the client ledger,

8)   Concealed the deficiency of €123,434 as of 31 January 2010 from his reporting accountant by transferring funds from two probate ledgers,

9)   Made 11 different withdrawals from the client account between 22 March 2010 and 23 December 2010, mainly in round sum figures, leading to a deficit on the client account in relation to these withdrawals of €102,935,

10) Made three of these withdrawals to pay an employee and two other third-party creditors,

11) Since 31 January 2011, made further payments totalling €57,163 out of the client account, which included payments to four third-party creditors,

12) Took money from the client ledger account of a named client to make further payments to three further third-party creditors,

13) Since the first inspection, created a further debit balance on his own ledger account of €64,000 In the period from 1 December 2011 to 22 July 2012,

14) Since the first inspection, allowed the creation of a further ten debit balances totalling €10,664 as of 22 July 2011.

5839/DT172/12

1)   Failed to comply with an undertaking dated 26 August 2008 furnished to KBC on behalf of named borrowers and the premises in Co Cork in a timely manner or at all,

2)   Failed to attend a meeting of the Complaints and Client Relations Committee on 25 October 2011, despite being required to do so.

5839/DT08/13

1)   Failed to comply with an undertaking dated 29 May 2003 furnished to Bank of Ireland in respect of named borrowers and the premises in Co Cork 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 February 2011 and 14 March 2011 within the time specified, within a timely manner, or at all,

3)   Failed to attend the meeting of the Complaints and Client Relations Committee on 25 October 2011, despite being required to do so by letters dated 10 October 2011 and 18 October 2011.

5839/DT09/13

1)   Failed to comply with an undertaking dated 23 November 2006 furnished to Bank of Ireland in respect of a named client and property at Co Cork in a timely manner or at all,

2)   Failed to reply to the Society's correspondence and, in particular, the Society's correspondence of 21 September 2010 and 27 June 2011 within the time specified, in a timely manner, or at all,

3)   Failed to attend the meeting of the Complaints and Client Relations Committee on 25 October 2011, despite being required to do so by letters dated 10 October 2011 and 18 October 2011.

5839/DT10/13

1)   Failed to comply with an undertaking furnished to Bank of Ireland Mortgages on 18 April 2008 in respect of a named borrower at Co Cork in a timely manner or at all,

2)   Failed to attend the meeting of the Complaints and Client Relations Committee on 25 October 2011, despite being required to do so by letters dated 10 October 2011 and 18 October 2011.

5839/DT52/13

1)   Failed to comply with undertakings listed at paragraph 3 of the Society's affidavit, sworn 28 March 2013, given to the complainants on behalf of named borrowers,

2)   Failed to respond satisfactorily to the Society's correspondence and, in particular, letters of 12 October 2010, 30 November 2010, 5 December 2010, 15 February 2011 and 1 March 2011 within the time specified, in a timely manner ,or at all,

3)   Failed to attend the meeting of the Complaints and Client Relations Committee on 25 October 2011, despite being required to do so by letters dated 10 October 2011 and 18 October 2011.

The tribunal recommended that the matters be sent forward to the High Court and, on 19 October 2015, the High Court ordered that:

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

2)   The respondent solicitor pay the Society the costs of and incidental to the proceedings and the costs of the Society before the tribunal, including witness expenses, to be taxed in default of agreement.