Solicitor Disciplinary Tribunal Decisions

Details for Desmond O'Brien

Name

Desmond O'Brien

Address

Cregg, Lahinch, Co Clare

Date of Order

14/06/2010

Decision

In the matter of Desmond O’Brien, solicitor, Cregg, Lahinch, Co Clare, and in the matter of the Solicitors Acts 1954 to 2008 [4952/DT58/09 and High Court record 2010 no 44SA)

Law Society of Ireland

(applicant)

Desmond O’Brien

(respondent solicitor)

On 27 April 2010, the Solicitors Disciplinary Tribunal found the respondent solicitor guilty of misconduct in his practice as a solicitor in that he:

a) In April 2006, misappropriated €31,900 of clients’ monies to purchase a motor car.

b) In April 2006, misappropriated €6,000 of clients’ monies by means of a client account cheque payable to Bank of Ireland, which he used to purchase a bank draft payable to his wife, which was then lodged in their joint account in Bank of Ireland.

c) In May 2005, misappropriated €9,500 of clients’ money by means of a client account cheque payable to Bank of Ireland, which he used to purchase a bank draft payable to his wife, which was then lodged in their joint account in Bank of Ireland.

d) In February 2006, misappropriated €5,200 of clients’ money, which he then put into his credit card account.

e) In September 2006, misappropriated €21,500 of clients’ money, which, according to the bank, was lodged to an account in his own name in AIB.

f) Caused or allowed a possible underpayment of CGT in the case of a named client arising from an alteration in the computation by the solicitor.

g) Deducted costs from the estate of a named deceased, in breach of the regulations, without issuing a bill of costs, and the amount involved was €2,178.

h) In February 2006, misappropriated €3,224 of clients’ money, which he used to pay into his accounts in GE Money, Bank of Ireland mortgages, and into a Bank of Ireland loan account.

i) Deprived the elderly beneficiary of the estate of a named deceased of her money for the three years up to when he ceased practice, having misappropriated some of the estate money for his own personal benefit.

j) In February 2006, misappropriated €3,000 of clients’ money, with which he purchased an international bank draft payable to Bank Nationale de Paris and caused the cheque to be debited to the clients’ ledger account of a named client, described as ‘Bank of Ireland inheritance tax’.

k) On 3 July 2006, issued a client account cheque for €14,000 payable to the Revenue Commissioners, which was used with two other client account cheques to pay the stamp duty and penalty on a deed relating to a purchase by a named client that was completed in July 2004. He caused the cheque to be debited to the aforementioned named client’s ledger account.

l) Paid the second part of the stamp duty and penalty on a named client’s deed with a client account cheque for €3,684, which he caused to be debited to the client’s ledger account of another named client and which he caused to be described in the books of account as ‘Revenue Commissioners CGT’.

m) The third part of the stamp duty and penalty on a named client’s deed he paid with an AIB bank draft for €11,141, which, more than 18 months earlier, on 16 January 2005, the solicitor had drawn from a named client’s client account by means of a client account cheque payable to ‘Allied Irish Banks for Revenue’ and which the solicitor caused to be debited to the clients’ ledger account of a named client.

n) In February 2006, misappropriated €663 of clients’ money to pay his electricity bill.

o) In February 2006, misappropriated €417 of client’s money to pay his wife’s car insurance.

p) In February 2006, paid €665 to a named plant hire company and €283.22 to a named refuse and recycling company. These payments were debited to the client ledger account of a named deceased and there was nothing in that client’s file to support the payments.

q) On 17 November 2006, misappropriated €700 of clients’ money to pay his gas bill.

r) In February 2007, misappropriated clients’ money of €2,727.50 to pay his family’s VHI bill. The €2,727.50 was misappropriated as part of a larger amount of clients’ money, the balance of which was misappropriated as part of teeming and lading.

s) Misappropriated €4,250 of client’s money, which he lodged into his credit card account in March 2008.

t) In March 2008, misappropriated €2,000 of clients’ money, which he paid into a mortgage account in Bank of Ireland held in his own and his wife’s names.

u) In February 2008, misappropriated €5,000 of clients’ money, which he lodged to his credit card account.

v) In July 2006, misappropriated €4,800 of clients’ money, which he lodged to his credit card account.

w) In September 2005, misappropriated €5,000 of clients’ money, which he lodged to his credit card account.

x) On 17 August 2005, issued a client account cheque for €15,700 payable to a named client. The returned paid cheque shows that it was endorsed on the back with the name of a person bearing the same surname as the named client. The solicitor caused the cheque to be wrongly debited to the estate account in the clients’ ledger of a named client, described in the books as a named deceased’s bequest, although there was no such beneficiary in that estate. The books of account, however, show that the solicitor acted for the first-named client in the estate of a named deceased.

y) On 22 September 2006, misappropriated €13,250 of clients’ money, which he used to make a payment of €6,000 to a bank in France, €3,500 into his credit card account, and the balance of €3,750 was lodged into a joint account in his and his wife’s name.

z) Caused the bookkeeper/accountant to make false and misleading entries in the books of account.

The tribunal recommended that the matter be sent forward to the President of the High Court and, on 14 June 2010, the President of the High Court made an order that the name of the respondent solicitor shall be struck from the Roll of Solicitors and that the Law Society do recover the costs of the proceedings before the High Court and the costs of the proceedings before the Solicitors Disciplinary Tribunal as against the respondent when taxed or ascertained.