Solicitor Disciplinary Tribunal Decisions

Details for Paul Madden

Name

Paul Madden

Address

Paul Madden & Company, Solicitors, Fitzpatrick Square, Clones, Co Monaghan

Date of Order

22/06/2015

Decision

In the matter of Paul Madden, a solicitor formerly practising as Paul Madden & Company, Solicitors, Fitzpatrick Square, Clones, Co Monaghan, and in the matter of the Solicitors Acts 1954-2011 [10035/DT205/13 and High Court record 2015 no 55 SA]

Law Society of Ireland (applicant)

Paul Madden (respondent solicitor)

On 11 March 2015, the Solicitors Disciplinary Tribunal found the respondent solicitor guilty of misconduct in his practice as a solicitor in that he:

1)   Caused or allowed an estimated deficit to arise on the client account in the sum of in or about €1,422,067 as at 11 September 2013,

2)   Caused or allowed a deficit in respect of the client account of a named client in the sum of in or about €242,624 as at 11 September 2013,

3)   Caused or allowed a deficit in respect of the client account of a named client in the sum of in or about €126,841as at 11 September 2013,

4)   Caused or allowed a deficit in respect of the client account of a named client in the sum of in or about €193,500 as at 11 September 2013,

5)   Caused or allowed a deficit in respect of the client account of a named client in the sum of in or about €176,744 as at 11 September 2013,

6)   Caused or allowed a deficit in respect of the client account of a named client in the sum of in or about €175,000 as at 11 September 2013,

7)   Caused or allowed a deficit in respect of the client account of a named client of approximately €77,986 as at 11 September 2013,

8)   Caused or allowed a deficit in respect of the client account of a named client in the estimated sum of in or about €62,302 as at 11 September 2013,

9)   Caused or allowed a deficit in respect of the client account of a named client in the sum of in or about €60,000 as at 11 September 2013,

10) Caused or allowed a deficit in respect of the client account of a named client in the sum of in or about €56,858 as at 11 September 2013,

11) Caused or allowed a deficit in respect of the client account of a named client in the sum of in or about €38,550 as at 11 September 2013,

12) Caused or allowed a deficit in respect of the client account of a named client in the sum of in or about €36,982 as at 11 September 2013,

13) Caused or allowed a deficit in respect of the client account of a named client in the estimated sum of in or about €27,500 as at 11 September 2013,

14) Caused or allowed a deficit in respect of the client account of a named client in the sum of in or about €25,000 as at 11 September 2013,

15) Caused or allowed a deficit in respect of the client account of a named client in the sum of in or about €25,395 as at 11 September 2013,

16) Caused or allowed a deficit in respect of the client account of a named client in the sum of in or about €25,000 as at 11 September 2013,

17) Caused or allowed a deficit in respect of the client account of a named client in the sum of in or about €16,625 as at 11 September 2013,

18) Caused or allowed a deficit in respect of the client account of a named client in the sum of in or about €11,833 as at 11 September 2013,

19) Caused or allowed a deficit in respect of the client account of a named client in the sum of in or about €12,010 as at 11 September 2013,

20) Caused or allowed a deficit in respect of the client account of a named client in the sum of in or about €7,965 as at 11 September 2013,

21) Caused or allowed a deficit in respect of the client account of a named client in the sum of in or about €7,500,

22) Caused or allowed a deficit in respect of the client account of a named client in the sum of in or about €5,481 as at 11 September 2013;

23) Caused or allowed a deficit in respect of the client account of a named client in the sum of in or about €4,425 as at 11 September 2013,

24) Caused or allowed a deficit in respect of the client account of a named client in the sum of in or about €5,000 as at 11 September 2013,

25) Caused or allowed a deficit in respect of the client account of a named client in the sum of in or about €1,500 as at 11 September 2013,

26) Misappropriated clients’ money by (a) transferring around €577,912 to the solicitor’s office account as purported professional fees and for his own use, (b) using around €716,380 to finance other unrelated client matters through a series of teeming and lading, (c) paying €25,000 to his wife, and (d) using around €103,330, which cannot be accounted for.

27) Made numerous misrepresentations to Mary Devereux, investigating accountant, in respect of her report dated 12 July 2010 in relation to the deficit on the client account of a named client of €156,414.64,

28) Made material misrepresentations to Damien Colton, investigating accountant, in respect of the interim investigation reportdated 8 August 2011, in respect of his named client, to conceal a deficit on the client account at that time,

29) Made a material misrepresentation to the Regulation of Practice Committee at its meeting on 12 October 2011, in respect of a named client, to conceal the deficit on the client account,

30) Made material misrepresentations to Damien Colton, investigating accountant, during the course of his investigation on29-30 August and 2 September 2013 in respect of a fictitious client,

31) Created a fictitious client file, including fictitious correspondence and attendance notes in respect of a fictitious client,

32) Misappropriated client funds of €156,414 belonging to a named client to payvarious personal expenses, including some or all of the following: (a) MBNA personal credit card bill of €13,000 on 8 May 2006, (b) purchase of a grand piano for €19,800 on 26 May 2006, (c) further payment of an MBNA personal credit card bill of €15,000 on 3 August 2006, (d) in all, making 13 transactions between 8 May 2006 and 12 May 2007, thereby expending all client funds belonging to a named client,

33) Conducted an extensive practice of teeming and lading between client accounts to mask and conceal the deficit on the client account,

34) Made a material misrepresentation to the Regulation of Practice Committee in respect of the reimbursement of the client account and also the non-disclosure of the estimated deficit of €1.4 million on the client account.

The tribunal ordered that the matter go forward to the High Court and, on 22 June 2015, the President of the High Court ordered that:

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

2)   The respondent solicitor pay the whole of the Society’s costs and witness expenses in the Solicitors Disciplinary Tribunal proceedings, to be taxed in default of agreement,

3)   The respondent solicitor pay to the Society the costs of the High Court proceedings, to be taxed in default of agreement.