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 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/DT126/09 and High Court record no 2010 no 59 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’s clients, Start Mortgages Limited, in respect of his named client, involving property at Rosehill, Mullagh, Co Cavan, in a solicitor’s undertaking dated 25 January 2008, whereby he undertook to do the following:

i) To register the mortgage in the appropriate registry to ensure that the complainant’s clients, Start Mortgages Limited, obtained the first legal charge on the property,

ii) To, as soon as practicable thereafter, register the first legal charge on the property and to lodge with the lender, Start Mortgages Limited, all deeds and documents properly stamped and registered,

iii) As soon as practicable after registration of Start Mortgages Limited first legal mortgage of the property, to lodge the original mortgage with the lender, Start Mortgages Limited,

iv) To ensure the borrowers acquiring the property obtained good marketable title to it or, where the borrower already owned the property, to satisfy himself that such borrower had good marketable title to it.

b) Failed to adequately or at all respond to the complainant’s correspondence, in particular letters dated 9 December 2008, 9 January 2009, 28 January 2009, 16 February 2009 and 26 February 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 restitution in the sum of €180,000 to Start Mortgages,

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 €180,000 as restitution to Start Mortgages 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.