Solicitor Disciplinary Tribunal Decisions

Details for Gabrielle M Dalton

Name

Gabrielle M Dalton

Address

Gabrielle Dalton & Associates, 21 Otteran Place, South Parade, Waterford

Date of Order

08/10/2012

Decision

In the matter of Gabrielle M Dalton, a solicitor formerly practising under the style and title of Gabrielle Dalton & Associates, 21 Otteran Place, South Parade, Waterford, and in the matter of the Solicitors Acts 1954-2008 [S5330/DT06/11 and 2012 no 64SA]

Law Society of Ireland (applicant)

Gabrielle M Dalton (respondent solicitor)

On 2 February 2012, the Solicitors Disciplinary Tribunal found the respondent solicitor guilty of misconduct in her practice as a solicitor in that she:

a)     Caused or allowed a deficit to arise on her client account as at 31 March 2008,

b)     Caused or allowed monies totalling in or about €68,970 to be improperly withdrawn from the client account between 15 November 2007 and 30 January 2008, in breach of regulation 7 of the Solicitors’ Accounts Regulations 2001 by posting fees in that amount to the ‘dummy’ ledger card and drawing same to the office account,

c)      Caused or allowed a deficit to arise on her client account totalling in or about €68,970 as of 30 January 2008 as a result of the drawing of fees through the ‘dummy’ ledger card,

d)      Caused or allowed monies totalling in or about €27,830 to be improperly transferred from the client account to the office account between 3 April 2008 and 21 April 2008, in breach of regulation 7,

e)      Failed to maintain accounting records that showed the true financial position in relation to her transactions with the client monies of a named company, in breach of regulation 12,

f)      Failed to maintain accounting records that showed the true financial position in relation to her transactions with the client monies of a different named company, in breach of regulation 12,

g)      Failed to draw professional fees in the client matters of a named client company in accordance with the regulations,

h)      Improperly drew fees totalling in or about €8,711 from the client monies of a named client, received in the purchase of an apartment in Kilkenny, in breach of regulation 7,

i)       Improperly caused or allowed fees of €8,772 to be drawn twice in a named client matter,

j)       Failed to maintain accounting records that showed the true financial position in relation to her transactions with the client monies of a named client, in breach of regulation 12,

k)      Caused or allowed fees to be improperly drawn from the client account on 1 October 2007 by debiting fees totalling €3,630 (€1,815 plus €1,815) to the client ledger accounts of two named clients, where there were no funds available in the client ledger accounts at that date,

l)       Caused or allowed fees to be improperly drawn from the client account on 21 June 2007 by debiting fees of in or about €1,028 to the client ledger account of a named client, when there were no funds available at that date on the client ledger,

m)     Failed to complete stamping of the deed in the matter of a named client in a timely manner,

n)      Caused or allowed a deficit to arise on her client account as at 31 May 2008 and at 4 June 2008,

o)      Caused or allowed a deficit on the client accounts as at 31 May 2008, in respect of a named client, of in or about €101,604,

p)      Caused or allowed a further deficit on the client accounts as at 31 May 2008, in respect of other client matters, of in or about €44,671,

q)      Misappropriated client funds of a named client in the amount of €30,539 from monies of €44,355 received to pay stamp duty, Land Registry fees and outlay in respect of the purchase of a premises in Waterford,

r)      Misappropriated client funds of a named client in the amount of in or about €8,711 received to pay stamp duty, outlays and Land Registry fees in respect of the purchase of an apartment in Kilkenny,

s)       Failed to stamp the purchase deeds of clients, despite having been put in funds of in or about €5,332 to do so, and instead drew fees from the amount received so that there were insufficient funds remaining to complete stamping,

t)       Demonstrated a gross disregard for client funds,

u)     Failed to maintain proper books of account, in breach of regulation 12 of the 2001 regulations, over a continued period of time and, in particular, from in or about November 2007 to November 2008 such that it was not possible to determine from her accounting records a true and accurate statement of client affairs,

v)     Breached regulation 7 by withdrawing monies from the client account that were not properly available to be so withdrawn in accordance with the provisions of that regulation,

w)    Caused or allowed debit balances to arise on client ledger accounts in breach of regulation 7(2),

x)     Transferred monies between clients’ ledger accounts other than in circumstances permitted by the regulations, in breach of regulation 9,

y)       Failed to maintain and keep in respect of transfers between clients’ ledger accounts such accounting records and other documents as would enable such transactions to be appropriately vouched, in breach of regulation 9(a),

z)     Breached regulation 11 by failing to furnish bills of costs to clients prior to drawing fees.

The tribunal ordered that the matter go forward to the President of the High Court, and the President of the High Court, on 8 October 2012, made an order striking the name of the respondent solicitor from the Roll of Solicitors and ordering that the respondent solicitor pay the costs of the Society, to be taxed in default of agreement.