Solicitor Disciplinary Tribunal Decisions

Details for Peter McGarry

Name

Peter McGarry

Address

Peter McGarry & Co, Solicitors, 27 Capel Street, Dublin 1

Date of Order

30/05/2011

Decision

In the matter of Peter McGarry, a solicitor, formerly practising as Peter McGarry & Co, Solicitors, 27 Capel Street, Dublin 1, and in the matter of the Solicitors Acts 1954-2008 [4989/DT02/11 and High Court record no 2011/54 SA]

Law Society of Ireland (applicant)

Peter McGarry (respondent solicitor)

On 20 April 2011, the Solicitors Disciplinary Tribunal found the respondent solicitor guilty of misconduct in his practice as a solicitor in that he:

a) Caused or allowed an estimated deficit in the client account as at 30 November 2009 in the sum of €126,449.

b) Failed to keep proper books of account in that books were not kept up to date, in breach of regulation 12(1) of the Solicitors’ Accounts Regulations 2001.

c) Failed on numerous occasions to furnish his clients with a bill of costs, in breach of regulation 11(1) of the Solicitors’ Accounts Regulations 2001.

d) Failed to redeem an existing mortgage on a property from the proceeds of a re-mortgage credited to the client bank account. The respondent solicitor gave an undertaking to AIB that he would discharge a mortgage outstanding with Permanent TSB with approximately €103,000. The sum of €102,000 had been transferred from the relevant client ledger account on the basis that apparently the respondent solicitor provided a loan to the client and this represented the repayment of same.

e) Failed to redeem an existing mortgage on a property, despite giving an undertaking to provide a discharge or vacated mortgage to the solicitor acting on behalf of the purchaser. The respondent solicitor failed to do this from the proceeds of sale credited to the client bank account. Confirmation was received from Bank of Scotland (Ireland) Limited that the mortgage in the sum of approximately €250,000 was paid on 18 November 2009.

f) Allowed or permitted the client ledger account of a named client to go into debt in the sum of €12,986.77 in March 2009. On 25 November 2009, the sum of €11,000 was credited to this client ledger account to reduce the deficit to €1,986.77, but it was not possible to vouch the source of these funds.

g) Made a payment to the Revenue Commissioners of €6,000 on behalf of a named client, which was funded, by six other separate clients of the practice and the respondent solicitor.

h) Transferred the sum of €30,555.56 from the client ledger account of a named client to the client ledger account of the respondent solicitor without any apparent authorisation or evidence to show that the respondent solicitor was legally and beneficially entitled to the funds transferred to the credit of his client ledger account.

i) Transferred round sum amounts in respect of fees from the client ledger prior to the posting of the fee note to the office ledger, in breach of regulation 10(4) of the Solicitors’ Accounts Regulations 2001.

j) Caused or allowed, through his conduct, claims to be made on the Society’s compensation fund, resulting in a payment from the Society’s compensation fund to named clients in the sum of €508,000 on 24 June 2010.

k) Dealt with the re-mortgage of various properties on the same client ledger account, in breach of regulation 12(3)(a) of the Solicitors’ Accounts Regulations 2001.

The tribunal made the following recommendations:

1) The respondent solicitor is not a fit person ever again to be a member of the solicitors’ profession,

2) The name of the respondent solicitor be struck off the Roll of Solicitors,

3) The respondent solicitor make such restitution to the Society in respect of payments made by the compensation fund arising from the respondent solicitor’s practice as the court thinks fit and, pending such restitution, the High Court make an ancillary order freezing the respondent solicitor’s assets,

4) The respondent solicitor pay the whole of the costs of the Society as taxed by a taxing master of the High Court in default of agreement.

On 30 May 2011, the President of the High Court ordered that:

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

2) The respondent solicitor do make such restitution, being the amount in respect of payments made by the compensation fund arising from the respondent solicitor’s practice, and that the assets of the respondent solicitor’s practice be frozen pending such restitution to the Society,

3) The Society do recover the costs of the proceedings herein and the costs of the proceedings before the Solicitors Disciplinary Tribunal as against the respondent solicitor when taxed or ascertained.