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 Michael Small

Name

Michael Small

Address

Michael Small, Solicitor, Carraig House, 10 Newenham Street, Limerick

Date of Order

11/07/2011

Decision

In the matter of Michael Small, a solicitor previously carrying on practice as Michael Small, Solicitor, at Carraig House, 10 Newenham Street, Limerick, and in the matter of the Solicitors Acts 1954-2008 [10119/DT172/10 and High Court record 2011 no 58SA]

Law Society of Ireland (applicant)

Michael Small (respondent solicitor)

On 5 April 2011, the Solicitors Disciplinary Tribunal found the respondent solicitor guilty of misconduct in his practice as a solicitor in that he:

1)   Allowed a deficit of client funds in the sum of €1,181,667.04 as of 16 August 2009,

2)   Operated a secret bank account where funds of approximately €1.2 million were lodged, in breach of the Solicitors Accounts Regulations,

3)   Used client moneys to discharge the mortgage debts of clients who defaulted on mortgages,

4)   Paid the money to third parties and withdrew money for his own use,

5)   Failed to maintain proper records, and

6)   Allowed claims to arise on the compensation fund of €1,123,245.11, with €428,735.81 already paid out as of the date of swearing of the Society’s affidavit.

The tribunal ordered that the Society bring their findings to the High Court and, on 11 July 2011, the High Court ordered that:

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

2)   The respondent solicitor do make such restitution, if and when he is in a position to do so, in respect of all payments by the compensation fund arising from the respondent solicitor’s practice,

3)   The Law Society do recover the costs of the proceedings before the High Court and the cost of the proceedings before the Solicitors Disciplinary Tribunal when taxed or ascertained.