Solicitor Disciplinary Tribunal Decisions

Details for Mary Miley

Name

Mary Miley

Address

Mary Miley & Co, Solicitors, at 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 1954-2008 [3916/DT89/08 and High Court record 2010 no 6SA]

Law Society of Ireland (applicant)

Mary Miley (respondent solicitor)

On 10 March 2009, the Solicitors Disciplinary Tribunal found the respondent solicitor guilty of misconduct in her practice as a solicitor in that she:

1)   Failed, up to 23 May 2007 or at all, to comply in full and in a timely manner with the undertaking given by her to Irish Nationwide Building Society (INBS) dated 18 December 2001 on behalf of her client, despite multiple requests by and on behalf of INBS seeking compliance with the said undertaking,

2)   In particular, failed, up to 23 May 2007 or at all, to comply with the terms of the said undertaking, which required her “as soon as practicable” to stamp and register a mortgage deed/charge in favour of INBS and to lodge with INBS a duly stamped and registered mortgage deed and title documentation,

3)   Failed to respond in a timely manner, or at all, to correspondence from INBS and the complainant (on behalf of INBS) requesting compliance with the said undertaking, and further failed to offer any explanation for her continued failure to comply with the terms of the said undertaking,

4)   Failed to respond appropriately in a timely manner, or at all, to the Society’s correspondence in relation to the investigation of the complaint and, in particular, to the issues contained in the Society’s letter of 2 February 2007,

5)   Failed to comply with the notice dated 15 January 2007 issued to her pursuant to section 10 of the Solicitors (Amendment) Act 1994 requiring her, within ten days of the date of service of the said notice, to deliver to a solicitor at the Society all documents in her possession, under her control, or within the procurement of her or her firm in connection with the matters relating to the complaint of the complainant, and failed to comply within the time frame specified therein or at all.

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, 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,

3)   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 in the affidavit on behalf of the Society sworn on 21 December 2009,

4)   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,

5)   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,

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

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