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/DT124/09 and High Court record no 2010 no 57 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:

1) Failed to honour an undertaking given to the complainant’s clients, Start Mortgages Limited, in respect of his named clients, involving property at Rathcore, Enfield, Co Meath, in the solicitor’s undertaking dated 4 March 2008, whereby he undertook to do the following:

a) To ensure that the mortgage ranked as the first legal mortgage/charge on the property,

b) As soon as practicable, to stamp and register the mortgage in the appropriate registry so as to ensure the lender obtained the first legal mortgage/charge on the property and, expeditiously, as soon as practicable thereafter, to lodge the following with the lender:

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 Rules1972, if Land Registry title),

iii) The Land Registry certificate or, if not issued, an up-to-date certified copy folio of the property showing the mortgage registered as a burden thereon, and

iv) Certificate of title in the Law Society’s standard form.

2) Failed to adequately or at all respond to the complainant’s correspondence, in particular letters dated 31 August 2008, 28 October 2008, 21 November 2008 and 18 December 2008 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 €50,000 as restitution to Start 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 €50,000 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.