Solicitor Disciplinary Tribunal Decisions

Details for Katherine MA Ryan

Name

Katherine MA Ryan

Address

Ryan & Company, 42 Woodley Park, Kilmacud, Dublin 14

Date of Order

26/03/2012

Decision

In the matter of Katherine MA Ryan, a solicitor formerly practising under the style and title of Ryan & Company at 42 Woodley Park, Kilmacud, Dublin 14, and in the matter of the Solicitors Acts 1954-2008 [6970/DT35/10; 6970/DT75/10; 6970/DT76/10; 6970/DT110/10; 6970/DT124/10 and High Court record no 2012 no 21SA]

Law Society of Ireland (applicant)

Katherine MA Ryan (respondent solicitor)

6970/DT35/10

On 13 October 2011, the Solicitors Disciplinary Tribunal found the respondent solicitor guilty of misconduct in her practice as a solicitor in that she:

a)      Failed to ensure that there was furnished to the Society an accountant’s report for the year ended 30 April 2009 within six months of that date, in breach of regulation 21(1) of the Solicitors’ Accounts Regulations 2001 (SI 421 of 2001),

b)     Through her conduct, showed disregard for her statutory obligation to comply with the Solicitors’ Accounts Regulations and showed disregard for the Society’s statutory obligation to monitor compliance with the Solicitors’ Accounts Regulations for the protection of clients and the public.

6970/DT75/10

On 13 October 2011, the Solicitors Disciplinary Tribunal found the respondent solicitor guilty of misconduct in her practice as a solicitor in that she:

a)     Failed to comply with an undertaking given to the complainant’s bank on 30 November 2006 in a timely manner,

b)     Failed to reply adequately and in a timely fashion or at all to the Society’s correspondence and, in particular, the Society’s letters of 28 July 2009, 18 August 2009, 2 September 2009, 1 October 2009, and 25 February 2010,

c)      Failed to comply with the direction of the Complaints and Client Relations Committee made at its meeting on 30 September 2009 that she make a contribution of €550 towards the costs incurred by the Society as a result of her failure to communicate.

6970/DT76/10

On 13 October 2011, the Solicitors Disciplinary Tribunal found the respondent solicitor guilty of misconduct in her practice as a solicitor in that she:

a)      Delayed in the payment of stamp duty given to her by the complainant on 14 September 2007,

b)      Failed to respond to the Society’s correspondence and, in particular, the Society’s letters of 21 September 2009, 8 October 2009, 29 October 2009 and 23 February 2010 in a timely manner or at all,

c)     Failed to attend at a meeting of the Complaints and Client Relations Committee on 25 March 2010, despite being required to do so by letter dated 10 March 2010.

6970/DT110/10

On 13 October 2011, the Solicitors Disciplinary Tribunal found the respondent solicitor guilty of misconduct in her practice as a solicitor in that she:

a)     Failed to complete the conveyancing work for which she had been paid and, in particular, to stamp and register the title documentation for the complainants in respect of four named properties in Dublin in a timely manner or at all,

b)     Misled the Complaints and Client Relations Committee at their meeting on 9 October 2009 by indicating to the committee that she had handed over the complainants’ file to another solicitor with their consent, when this was not the case,

c)       Failed to respond to the Society’s correspondence and, in particular, the Society’s letters of 30 July 2009, 17 August 2009, and 2 September 2009 in a timely manner or at all,

d)     Failed to attend the Complaints and Client Relations Committee meeting of 29 April 2010, despite being required to attend,

e)     Continued to hold monies paid to her by the complainants for stamp duty/registration fees, despite the fact that she held no practising certificate.

6970/DT124/10

On 13 October 2011, the Solicitors Disciplinary Tribunal found the respondent solicitor guilty of misconduct in her practice as a solicitor in that she:

a)     Failed to comply with the direction in a timely manner or at all made by the Complaints and Client Relations Committee at its meeting on 10 July 2009 that she refund all professional fees and undischarged outlay paid by the complainant within 21 days,

b)     Failed to comply in a timely manner with the direction of the Complaints and Client Relations Committee made on 10 July 2009 that she furnish all of the complainant’s files over to his new solicitor, having only furnished those files to the Society at the meeting of 9 October 2009,

c)     Brought the profession into disrepute by recklessly disregarding the interests of her client.

Having heard these five matters, the tribunal recommended that the matter be sent forward to the President of the High Court and, in proceedings record number 2012 no 21SA, the President of the High Court on 26 March 2012 made an order:

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

b)     That the respondent solicitor make restitution to the Society in respect of any payments made by the Society from the compensation fund in respect of the solicitor’s practice,

c)     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 respondent when taxed or ascertained.