Solicitor Disciplinary Tribunal Decisions

Details for Greg (otherwise John G) Casey

Name

Greg (otherwise John G) Casey

Address

Casey & Co, Solicitors, North Main Street, Bandon, Co Cork

Date of Order

16/01/2013

Decision

In the matter of Margaret AM Casey and Greg (otherwise John G) Casey, solicitors, formerly practising as Casey & Co, Solicitors, at North Main Street, Bandon, Co Cork, and in the matter of the Solicitors Acts 1954-2002 [8372-5355/DT41/08 and 2012 no 15 SA]

Law Society of Ireland (applicant)

Margaret AM Casey (first-named respondent solicitor)

Greg (otherwise John G) Casey (second-named respondent solicitor)

On 23 November 2011, the Solicitors Disciplinary Tribunal found the respondent solicitors guilty of misconduct in their practice as solicitors, in that they:

a)     Breached the Solicitors’ Accounts Regulations, whereby they retained the sum of €25,000 of the complainant’s monies, ostensibly by way of a loan, until a further period of six weeks, pending payment of the party-and-party costs from a named county council. The party-and-party costs were paid, but the respondent solicitors did not account to the complainant for these monies or at no point have ever issued a bill of costs in respect of these monies.

b)     Provided inadequate professional services, in that they failed to act on the complainant’s instructions in relation to taking an unfair dismissal action for constructive dismissal from a named employer.

c)     Provided inadequate professional services, in that the respondent solicitors failed to communicate with their client:

i)      Failed to communicate, in particular failure to keep the complainant advised of progress in relation to proceedings brought by a named bank over a considerable period and, in particular, the respondent solicitor and the co-respondent solicitor had not communicated with the complainant since July 2007, when both proceedings brought by the named bank and the proceedings to set aside the judgment were listed for hearing. This was apparently adjourned until October 2007, when the Society was requesting updates in regard to the above without a response to date.

ii)     A cheque for €7,757.15 for interest relating to the compulsory purchase orders monies was forwarded to the co-respondent solicitor on 22 November 2004 by a local authority. He failed to forward this amount to the complainant despite requests and was obliged to obtain a replacement cheque in November 2006, subsequent to the making of the complaint to the Society.

The tribunal ordered that the matter go forward to the High Court, and the President of the High Court, on 3 December 2012, made the following orders on consent:

1)     That the first-named respondent solicitor (that is, Margaret AM Casey) not be permitted to practise as a sole practitioner or in partnership; that she be permitted only to practise as an assistant solicitor in the employment and under the direct control and supervision of another solicitor of at least ten years’ standing, to be approved in advance by the Society,

2)     That there be no order for costs made against the first-named respondent solicitor.

On 16 January 2013, the President of the High Court made the following orders:

1)     That the name of the second-named respondent solicitor (that is, Greg (otherwise John G) Casey) shall be struck off the Roll of Solicitors,

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