Proceedings to remove Michael Lynn from the roll of solicitors can go ahead even if he is not in court, writes Carol Coulter, Legal Affairs Editor

Yesterday's High Court proceedings form just one strand in the multiple cases being taken in relation to solicitor Michael Lynn, whose law practice has been closed down by the Law Society.

They involved the society coming before the President of the High Court, who oversees the regulation of the solicitors' profession, seeking to have Mr Lynn struck off the roll of solicitors.

Mr Lynn is also facing proceedings by a number of banks to whom he owes many millions of euro.

As a result of a solicitor in Mr Lynn's practice expressing her concern, the society sent an accountant into the firm who spent five days examining the books, finding a minimum deficit of €702,820 in the client account, but suspecting the deficit to be much greater. As a result, the society sought an order freezing Mr Lynn's assets last October, and its Regulation of Practice Committee said the accountant's report "disclosed acts of dishonesty on the part of the solicitor in relation to clients' monies".

The society removed clients' files and contacted all clients informing them of the firm's closure. Those with active files have been advised to go to other solicitors, and are receiving the assistance of the Law Society. They may also apply to its compensation fund if they have suffered loss. Mr Lynn, who appeared in the High Court on October 15th, gave an undertaking to the court not to practice as a solicitor pending the outcome of the Law Society's proceedings.

From the point of view of the Law Society, therefore, the objective of protecting the public from him, in the light of their finding "acts of dishonesty" in his practice, has already been achieved.

He may turn up in the High Court today, but whether he does or not, the proceedings seeking to remove him from the roll of solicitors can proceed. However, there is no great urgency about these proceedings as he is not currently practising. In any case, the outcome of these proceedings cannot be prejudged, and he may yet offer an explanation for what has occurred.

Meanwhile, the High Court has ordered that some documents relating to his dealings with one bank, First Active plc, be sent to the Garda National Bureau for Fraud Investigation, which is presumably examining them to see if a crime has been committed.

The Garda could also obtain a warrant to seek the documents in the possession of the Law Society.

If they do find that a crime has been committed, they can seek to have him arrested in this or another jurisdiction to face charges.