A SOLICITOR has contended he received a disproportionate penalty over what the president of the High Court described as "dishonesty" towards another member of the profession.
Mr Justice Richard Johnson said solicitor Laurence O'Connor had pleaded guilty to dishonesty towards another solicitor by saying legal work had been done when it had not been. This was "an extremely serious offence", he said. "I regret that in our country telling lies is now a way of life, but I do not like it much."
He made the remarks when adjourning proceedings in which Mr O'Connor had asked that the penalty imposed on him be varied because, he contended, it was disproportionate to the offence.
The judge said he did have much hope of agreeing to the request to vary the penalty recommended by the Solicitors Disciplinary Tribunal - that Mr O'Connor may only work under the supervision of another solicitor of 10 years standing.
Mr O'Connor, whose practice is in Salthill, Galway, had pleaded guilty before a tribunal hearing to failing to honour a letter of undertaking to another solicitor; failing to respond to the other solicitor after 23 letters and phone calls were made and claiming that he stamped and lodged a deed of transfer to the Land Registry when this had not been done.
Mr O'Connor says the ruling means he will have to employ another solicitor in his small practice. He has asked instead that the court allow him to continue to operate as normal for two years with a proviso that the Law Society can inspect his books and practice at any time within that two years. He would also pay the costs of such inspections.
The society opposed the application to vary. While the penalty was draconian, it was considered appropriate for what Mr O'Connor had pleaded guilty to, the society said.
The judge adjourned the matter for a week to allow the society to examine whether Mr O'Connor's proposal was feasible.
In a separate case before Mr Justice Johnson yesterday, the court heard that a solicitor at the centre of proceedings earlier this year relating to a €1 million deficit in his client account was winding down his practice.
Charles O'Neill, practising as Cathal O'Neill Associates, Rathmines, Dublin, had plugged a €1.165 million deficit in his client account after the Law Society got an order freezing his books last April. Mr O'Neill later undertook not to practise pending the outcome of proceedings by the Solicitors Disciplinary Tribunal to have him struck off. Another firm has since run his practice.
Paul Anthony McDermott, for the society, told the court yesterday that Mr O'Neill was in the process of winding down his practice. The society said it was under pressure from members of the public over the practice and the winding down should be done speedily.
Seán Sexton, solicitor for Mr O'Neill, confirmed files were being transferred to another practice and his accounts were being finalised. The judge adjourned the matter for three weeks to allow the accounts to be finalised.