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/DT01/10 and High Court record no 2010 no 56 SA]

Law Society of Ireland (applicant)

Joseph Traynor (respondent solicitor)

On 11 May 2010, the Solicitors Disciplinary Tribunal found the respondent solicitor guilty of misconduct in his practice as a solicitor in that he:

a) Caused or allowed a fictitious contract for the purported sum of €7 million in relation to the purchase of lands at Castlewarden, being a false and misleading contract as to the purchase price, as there was an existing contract for the sum of €4.6 million,

b) Caused or allowed a fictitious contract for the purchase of lands at Castlewarden to bear the signature of the vendor and the complainant’s signature as witness, when such signatures were not the signatures of the vendor and the complainant,

c) Permitted or allowed a fictitious contract to be forwarded to the solicitors for a bank for the purchase of the site the bank placed reliance upon,

d) Failed to progress the true contract for the purchase price of €4.6 million, leaving a capital balance outstanding of €1,140,000 plus interest, which entailed proceedings for specific performance being issued and served by the complainant,

e) Failed to have the original deed of transfer signed by the purchaser dated, stamped and registered,

f) Failed to explain why €3.4 million occurred on the client ledger account when he claimed that he had no money to stamp the deed,

g) Failed to explain why there were two versions of a contract for the same lands,

h) Released title documents held on trust to the order of the complainant pending payment of the full amount of the purchase monies,

i) Failed to explain why he had not brought the matter of the fictitious contract and purported fraud to the immediate attention of the gardaí,

j) Failed to respond adequately or at all to the complainant’s correspondence, in particular letters dated 1 November 2006, 7 November 2006, 11 December 2006, 15 June 2007, 9 August 2007, 22 August 2007, 19 October 2007, 20 December 2007, 13 June 2008, 3 April 2009, 15 April 2009, 22 April 2009 and 27 April 2009,

k) Failed to respond adequately or at all to the Society’s correspondence, in particular letters dated 20 August 2009 and 21 September 2009.

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 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 applicant forward the papers in respect of this application to the Director of Public Prosecutions,

3) That the respondent solicitor surrender his passport forthwith to An Garda Síochána,

4) 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.