THE LAW Society has applied for a strike-off order against a solicitor alleged to have set up an “elaborate charade” in order to misappropriate money from the settlements of clients’ court actions.
Michael J Murphy, formerly practising as MJ Murphy and Co, Lower Salthill, Galway, yesterday agreed to provide a statement of his means prior to a hearing of the strike-off application by the president of the High Court, Mr Justice Nicholas Kearns.
Mr Murphy was found guilty of professional misconduct by the society’s Solicitors Disciplinary Tribunal on September 1st last.
Yesterday Paul Anthony McDermott, for the Law Society, said the tribunal had found Mr Murphy had set up a system of dealing with funds from personal injury settlements for clients whereby they were misappropriated for Murphy’s own use in what could only be described as an “elaborate charade”.
The tribunal had said Mr Murphy “rode roughshod” over the regulations governing solicitors in these matters and his only response to these allegations was that it was very difficult to explain why he had done it, counsel added.
Mr McDermott said the Law Society, prior to having the strike-off matter determined, wanted to know what means Mr Murphy had available in order to know what would be available to pay compensation to the clients affected.
Mr Murphy told the court he would supply an affidavit of means to the society by January 18th.
Earlier the solicitor had told the court he had appealed to the Supreme Court against a previous order requiring him to provide an affidavit of means after he had a dispute with a law firm which had represented him in the disciplinary matters.
He said he had never consented to supplying a statement of means and had wanted to know why it was being sought.
After he was asked by Mr Justice Kearns whether he had “any idea of the gravity of the situation”, Mr Murphy said he did and later agreed to provide the affidavit of means.
The judge said he had made it clear matters of this nature had to be dealt with quickly both in the public interest and in the interests of the solicitors’ profession.
The judge refused a Law Society request that Mr Murphy also provide details of his property portfolio as, the judge said, this would add further delays to getting his affidavit of means.
Mr Justice Kearns also ordered Mr Murphy to pay the legal costs incurred by the law firm which had represented him until he got into dispute with it, PJ Walsh and Co, whose principal Seán Sexton gave evidence of how he had dealt with Mr Murphy when his case was before the High Court.
The case was adjourned to January 25th.