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/DT90/08 and High Court record 2010 no 5SA]

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 to comply with an undertaking dated 28 October 2005 given to a lending institution on behalf of two clients,

2)   Failed to reply to six letters from the solicitors for the lending institution between 22 November 2006 and 1 February 2007 inquiring about the position,

3)   Failed to reply to correspondence from the Society endeavouring to investigate the complaint, being letters dated 14 February 2007, 1 March 2007, and 12 March 2007,

4)   Failed to comply with a direction of the Complaint and Client Relations Committee on 28 March 2007 that she make a contribution of €500 towards the costs incurred by the Society as a result of her failure to respond to the Society’s inquiries,

5)   Failed to respond to a letter dated 16 December 2005 from the solicitor previously acting for her clients,

6)   Failed to protect the interests of her clients, the borrowers.

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 clients in the amount of €9,769 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 in 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 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.