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Declan O’Callaghan: No end in sight as saga of suspended solicitor continues

Law Society awaiting tribunal inquiry into matters surrounding solicitor Declan O’Callaghan

Declan O’Callaghan, at the Solicitors Disciplinary Tribunal, on Bow Street, Dublin. Photograph: Dara Mac Dónaill

Mary Carolan
Tue Jul 2 2024 - 18:41

A senior judge’s observation more than five years ago that “nothing is satisfactory” about the situation of suspended Co Roscommon solicitor Declan O’Callaghan could be repeated.

Then High Court president Mr Justice Peter Kelly made the comment in late 2018 when Mr O’Callaghan, who practised as Kilrane O’Callaghan Solicitors, Pound Street, Ballaghaderreen, undertook not to practise as a solicitor pending an inquiry by the Solicitors Disciplinary Tribunal (SDT).

The Law Society has since referred several matters to the tribunal, which have yet to be heard, following its investigations into the practice.

By mid-2017 a senior investigating accountant was concerned about a possible €539,000 deficit in the client account arising from alleged breach of the Solicitors Account Regulations, including allegedly taking unauthorised fees from clients. It was later alleged €240,000 was taken in fees, without authority, out of one man’s account which held €400,000.

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The investigation prompted the society to go to the High Court seeking Mr O’Callaghan’s suspension pending inquiry before the SDT.

Mr O’Callaghan, who undertook to make good the deficit, was directed in summer 2018 to sell some properties, including his family home in Ballaghaderreen, which sold last year for €500,000. His accounts were frozen, save for living expenses, and the society took possession of the files of his practice.

[ Solicitor Declan O’Callaghan should be struck off for professional misconduct, tribunal finds ]

In a written response to queries from The Irish Times about the current position, the society said its regulation of practice committee made referrals to the SDT on the basis of alleged breaches of the Solicitors Accounts Regulations detected in the course of its investigations.

The referrals were consolidated into a single application to the SDT for an inquiry which has not yet been heard. The application was being “actively case managed” and it was for the tribunal to determine when hearing dates would be fixed, it said.

“As the proceedings are ongoing, the Law Society is not in a position to respond to queries regarding matters that may be at issue.”

According to legal sources, substantial compensation has been paid since 2018 to some clients of Mr O’Callaghan, including more than €400,000 to one family and about €500,000 to a disabled man.

The society said the claims process was ongoing and it “does not provide information in relation to claims made or paid out in respect of a particular solicitor other than in the disciplinary context, when the solicitor is on notice of the information that the Law Society proposes providing to the tribunal or court”.

Separate matters relating to Mr O’Callaghan were decided by the SDT on dates in 1990 and 2019 and in June 2024.

He was found guilty of misconduct related to 26 allegations in 1990, and the High Court directed that he practise for three years under the supervision of a solicitor of not less than 10 years standing.

In 2019 the SDT found him guilty of misconduct over unlawfully retaining client monies in his client account due to be paid to another law firm for litigation costs and expenses from the estate of a named client. He was ordered to pay €10,000 compensation and €7,500 towards the society’s costs but the tribunal was told last month the money was not paid.

Mr O’Callaghan’s lawyer said on Tuesday he intended to pay the money when he was in a position to do so and matters with the society were resolved.

Last month’s SDT findings concerning Mr O’Callaghan arose from a complaint initiated 14 years ago by Nirvana Property Holdings Ltd, a company of businessman Tom Fleming.

Having found Mr O’Callaghan guilty of professional misconduct over his handling of a transaction concerning Nirvana’s 2007 sale of lands in Co Mayo, the tribunal heard submissions on Tuesday about sanction.

Having considered its findings on the Nirvana complaint and the solicitor’s previous disciplinary history, the tribunal has recommended Mr O’Callaghan be struck off the roll of solicitors and has directed the society to apply to the High Court in that regard. The president of the High Court will decide whether to impose a strike-off order or a lesser sanction.

The referral may mean another long wait for Mr Fleming, who previously settled professional negligence proceedings against Mr O’Callaghan.

He is not the only former client seeking answers from the solicitor.

Mary Carolan

Mary Carolan

Mary Carolan is the Legal Affairs Correspondent of the Irish Times

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