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 Patrick McCarthy

Name

Patrick McCarthy

Address

McCarthy & Co, Second Floor, Building 1000, City Gate, Mahon, Cork

Date of Order

08/04/2013

Decision

In the matter of Patrick McCarthy, solicitor, formerly practising as McCarthy & Co, Second Floor, Building 1000, City Gate, Mahon, Cork, and in the matter of the Solicitors Acts 1954-2011 [7748/DT144/11 and High Court record no 2013/40 SA]

Law Society of Ireland (applicant)

Patrick McCarthy (respondent solicitor)

 

On 5 July 2012, the Solicitors Disciplinary Tribunal found the respondent solicitor guilty of misconduct in his practice as a solicitor in that he:

a)     Breached regulation 12(1) by failing at all times to maintain proper books of account,

b)     Breached regulation 12(2)(a) by failing to maintain books of account that showed the true financial position in relation to his transactions with clients’ moneys,

c)     Breached regulation 7(2)(a) by allowing debit balance to arise on client ledgers in circumstances other than permitted by this subsection,

d)     Failed to attend a meeting of the Regulation of Practice Committee on 21 May 2009, despite being required to so attend,

e)     Allowed an estimated overall deficit to arise on the client account of €58,771, as of 30 April 2009,

f)      Failed to stamp deeds on time, incurring substantial interest and penalties on late stamping of deeds in question,

g)     Transferred stamp duty funds to his office account from the client account, ostensibly as fees,

h)     Failed to discharge third-party liabilities in two matters, amounting to €32,074,

i)      Used €3,090 of the monies for third-party liabilities referred to above to pay legal costs drawers’ fees.

 

The tribunal ordered that the matter go forward to the High Court, and the President of the High Court, on 8 April 2013, made the following orders:

a)     That the name of the respondent solicitor be struck from the Roll of Solicitors,

b)     That the Society do recover the costs of the proceedings before the High Court and the costs of the proceedings before the Solicitors Disciplinary Tribunal as against the respondent solicitor, to be taxed in default of agreement.