Aisling Ray, associate at Fieldfisher Ireland, considers the recent Court of Appeal judgment in Law Society of Ireland v Daniel Coleman. The Court of Appeal recently issued a judgment in the case of Law Society of Ireland v Daniel Coleman, which deals, inter alia, with the issue of dishonesty in pro
Misconduct
Fines will no longer be used as a penalty in the vast majority of cases of sexual misconduct, discrimination or any form of harassment by English and Welsh solicitors under proposals published by the Solicitors Regulation Authority (SRA). A consultation launched yesterday on the SRA's fining regime
A barrister who sexually assaulted a younger colleague has won an appeal against his disbarment and will be allowed to return to the profession next year. Kevin Farquharson, who called to the Bar in 2011, was given a suspended six-month sentence in Cardiff Magistrates' Court last year after pleading
A solicitor has been found guilty of professional misconduct after admitting to falsely claiming to have witnessed a client's signatures on legal and banking documents. Cork solicitor John Moylan, of Richard Moylan & Co Solicitors, was censured by the Solicitors Disciplinary Tribunal on Wednesda
A personal injury solicitor returned €2,000 in legal costs to a client after she complained to the Legal Services Regulatory Authority (LSRA) that she did not know her costs would not be fully covered by her settlement with the defendant. The complainant had settled a personal injury action for
The High Court has allowed an appeal against a decision by the Solicitors Disciplinary Tribunal that dismissed claims of a solicitor witnessing forged documents. The court directed the Tribunal to hold an inquiry into whether the solicitor falsely witnessed the appellant’s signature and whethe
The High Court has held that the general “costs follow the event” rule applies in regulatory disciplinary matters which come before the courts. Background
An English solicitor who was fined for misconduct after engaging in sexual activity with a junior in his legal firm has succeeded in reversing the decision after appealing under the Solicitors Act 1974. The misconduct action was originally brought by the Solicitors Regulation Authority&nbs
The new Legal Practitioners Disciplinary Tribunal has been brought into effect with the appointment of its 33 members. The tribunal, established under the Legal Services Regulation Act 2015, was expected to start its work earlier this year but was delayed due to the Covid-19 pandemic.
The Bar Council of Northern Ireland has introduced a new version of its code of conduct for barristers. The new code of conduct, which took effect from 1 October 2020, applies to all barristers, whenever called to the Bar and whether or not they currently hold a practising certificate.
A Co Mayo solicitor who built up a client account deficit of more than €169,000 and "borrowed from Peter to pay Paul" must be struck off, the High Court ruled yesterday. Background
The High Court, on appeal from the Solicitors’ Disciplinary Tribunal, has held that a solicitor was guilty of professional misconduct for failing to use his best endeavours to recover a barrister’s fees in a large number of cases. The judge said that failure to comply with obligations in
The High Court has made an order striking off a solicitor from the Roll of Solicitors for dishonesty. Background
The Court of Appeal has dismissed the appeal of a Cork solicitor who was found guilty of professional misconduct by the Solicitors Disciplinary Tribunal after he threatened to destroy files for the non-payment of fees which were not actually owed to him. Background
Co Kerry solicitor Maurice O'Sullivan will be struck off the roll at the end of the year after being found guilty of professional misconduct. The High Court granted a stay on the strike-off orders to allow for the transfer of files relating to undertakings he had failed to honour, The Irish Times re