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.

Back to listDetails for Joseph Traynor
Name
Joseph Traynor
Address
Traynor & Company, Solicitors, 86 Clanbrassil Street, Dundalk, Co Louth
Date of Order
05/07/2010
Decision
 
In the matter of  Joseph Traynor, solicitor, formerly practising as Traynor & Company,  Solicitors, 86 Clanbrassil Street, Dundalk, Co Louth, and in the matter of the Solicitors Acts 1954-2008 [5554/DT125/09 and High Court record no 2010 no 58 SA]
 Law Society of  Ireland (applicant)
 Joseph Traynor  (respondent solicitor)
  
 On 18 March 2010, the  Solicitors Disciplinary Tribunal found the respondent solicitor guilty of  misconduct in his practice as a solicitor in that he:
 a)      Failed to  honour an undertaking given to the complainant, dated 17 November 2004, whereby  he undertook to do the following:
 1)      Execute  security documents in that, prior to negotiating the loan cheque or the  proceeds thereof, he failed to ensure that the borrower had executed a mortgage  deed/charge in the lender’s standard form as produced by the lender over the  property,
 2)      Ensure that  the mortgage ranked as a first legal mortgage/charge on the property,
 3)      Register  the mortgage in the appropriate registry so as to ensure that the  lender/complainant obtained a first legal mortgage/charge on the property and,  expeditiously, as soon as practicable thereafter, to lodge the following  documents with the lender/complainant:
 i)         All deeds  and documents to the property, stamped and registered as appropriate,  including, if applicable, the assignment of the life policy, stamped collateral  to the mortgage,
 ii)       The  original mortgage (with certificate of charge endorsed thereon under rule 156  of the Land Registry  Rules 1972, if Land Registry  title),
 iii)    If Land Registry title, the land certificate or,  if not issued, an up-to-date certified copy folio of the property showing the  mortgage registered as a burden thereon,
 iv)    The complainant’s certificate of title in the  Law Society’s standard form.
 4)      Hold all  title documents of the property in trust for the lender/complainant.
 b)      Failed to adequately  or at all respond to the complainant’s correspondence, in particular letters  dated 18 July 2008, 6 October 2008 (twice), 22 October 2008, 7 January 2009, 9  January 2009 and 6 February 2009,
 c)       Failed to  adequately respond to the Society’s correspondence, in particular letters dated  23 February 2009, 11 March 2009, 19 March 2009, 1 April 2009 and 3 June 2009  respectively.
  
 The tribunal directed:
 a)       That the  respondent solicitor is not a fit person to be a member of the solicitors’  profession,
 b)       That the name  of the respondent solicitor be struck off the Roll of Solicitors,
 c)        That the  respondent solicitor pay the sum of €45,275.94 to KBC Mortgages Limited,
 d)       That the  respondent solicitor pay the whole of the costs of the Law Society of Ireland,  including witness expenses, to be taxed by a taxing master of the High Court in  default of agreement.
  
 The tribunal directed  that the matter be referred forward to the High Court and, on 5 July 2010, the  President of the High Court ordered:
 1)       That the  name of the respondent solicitor be struck from the Roll of Solicitors,
 2)       That the  respondent solicitor pay the sum of €45,275.94 as restitution to KBC Homeloans  Limited,
 3)       That the  applicant forward the papers in respect of this application to the Director of  Public Prosecutions,
 4)       That the  respondent solicitor surrender his passport forthwith to An Garda Síochána,
 5)       That the  respondent solicitor pay the applicant the costs of the High Court proceedings,  together with the costs of the disciplinary tribunal proceedings, to include  witness expenses, to be taxed in default of agreement.