A Wexford solicitor has given undertakings to the High Court not to practise as a solicitor.
High Court President Mr Justice Peter Kelly on Monday recorded undertakings given on behalf of Anthony F. O’Gorman, Gorey, in lieu of his being struck off the roll of solicitors.
The Solicitors Disciplinary Tribunal had made nine findings of professional misconduct relating to 2012 and 2013 against Mr O’Gorman, who has since wound down his practice at St Michael’s Road, Gorey, to the satisfaction of the Law Society.
A shortfall of more than €300,000 from the client account was paid back in full in 2014.
The judge also noted Mr O’Gorman, who had run a one-man practice and been a solicitor for over 36 years, had given an undertaking not to reapply for a solicitor’s practising certificate.
There was also consent to judgment of €31,000 against Mr O’Gorman which was legal costs owed.
The judge put a stay of 18 months on the costs judgement to give Mr O’Gorman some opportunity “to make it good”.
Mr Justice Kelly said it was to Mr O’Gorman’s credit he had wound up his practice to the satisfaction of the Law Society; nobody lost any money and there was no claim on the Law Society compensation fund.
The judge said it would be inappropriate to strike Mr O’Gorman off the roll of solicitors.
He said two explanations had been put before the court on a previous occasion, including that Mr O’Gorman had fallen seriously ill and been in hospital for four months and suffered heart and renal failure.
A case before the High Court in which Mr O’Gorman was involved, and which was scheduled to last two weeks, went on for more than 80 days in 2013, he also noted.
The judge said these matters were put before the court as an explanation, not as an excuse.
The judge said Mr O’Gorman was a victim of the collapse in the economy 12 years ago and the court had been told his financial situation is not expected to improve.
Mr Justice Kelly said the protection of the public was his primary concern and this was more enhanced by Mr O’Gorman’s undertaking than a strike-off order.