Solicitor Disciplinary Tribunal Decisions

Details for Mary Miley

Name

Mary Miley

Address

Mary Miley & Co, Solicitors, Brewery Place, Rathdrum, Co Wicklow

Date of Order

18/01/2010

Decision

In the matter of Mary Miley, solicitor, formerly practising as Mary Miley & Co, Solicitors, at Brewery Place, Rathdrum, Co Wicklow, and in the matter of the Solicitors Acts 1954-2002 [3916/DT66/07 and High Court record 2010 no 4SA]

Law Society of Ireland (applicant)

Mary Miley (respondent solicitor)

On 11 June 2008, the Solicitors Disciplinary Tribunal found the respondent solicitor guilty of misconduct in her practice as a solicitor in that she:

1)   Gave undertakings to a lending institution in respect of the sale proceeds of property without the express or implied authority of the registered owner,

2)   Failed to reply to correspondence from the solicitors for the lending institution concerned,

3)   Withheld the land certificate from the solicitors for the registered owner without any lawful authority to do so,

4)   Prejudiced the registered owner of the property by retaining the land certificate, thereby causing a delay in the sale of the property, resulting in a completion notice being served and specific performance proceedings being issued against the registered owner.

The tribunal ordered that the matter go forward to the High Court and, on 18 January 2010, the President of the High Court made the following orders:

1)   That the name of the respondent solicitor shall be struck from the Roll of Solicitors,

2)   That the respondent solicitor do make restitution to her former client in the amount of €225,515 within four weeks of the making of this order,

3)   That the respondent solicitor, within 14 days of the making of this order, submit to the Society proposals to the satisfaction of the Society for the orderly disposition of all files and documents, including title deeds, in her possession or control or within her procurement arising from her practice as a solicitor,

4)   That the respondent solicitor disclose on affidavit, within 14 days of the making of this order, what files and documents, including title deeds, are in her possession or control or within her procurement arising from her practice as a solicitor and the current whereabouts, or last known whereabouts, of any specific file or documentation or title deeds notified by the Society to her and, in particular, as detailed the affidavit on behalf of the Society sworn on 21 December 2009,

5)   That the respondent solicitor make herself available before the court should the Society so require, on a specified date and at a specified time, for oral examination under oath in relation to the contents of any affidavit sworn by her pursuant to the order of the court,

6)   If necessary, an order pursuant to section 8(1)(c)(v) of the 1960 act, as substituted and amended, that the respondent solicitor forthwith deliver up to the Society’s nominee all files and documents, including title deeds, in her possession or control or within her procurement arising from her practice as a solicitor, which files and documents to be dealt with by the Society pursuant to the provisions of section 19 of the Solicitors (Amendment) Act 1960, as amended by substitution by section 27 of the Solicitors (Amendment) Act 1994,

7)   That the respondent solicitor, within 24 hours of the making of this order, surrender her passport to the Registrar of the High Court,

8)   That the Law Society do recover the costs of the proceedings herein and the costs of the proceedings before the Solicitors Disciplinary Tribunal as against the respondent, to be taxed in default of agreement.