Solicitor suspended over failure to co-operate with Law Society

High Court president says offices of Sean Brown can be accessed

The judge said he would also make an order prohibiting Sean Brown practising as a solicitor until he complies with the solicitors’ accounting regulations.

A solicitor has been suspended by the High Court from practising over his failures to co-operate with a Law Society investigation, including handing over files and account details.

The president of the High Court, Mr Justice Peter Kelly, also ordered the Law Society may access the offices of Sean Brown with a view to accessing necessary files and documents for its investigation.

The orders apply to Sean Brown, a solicitor practising as Sean Brown Solicitors, at Siena, Clonmore, Togher, Co Louth, until he complies with solicitors’ accounting regulations.

When the case came before Mr Justice Kelly on Monday, David Irwin, solicitor for the Law Society, said Mr Brown, on foot of court orders, was to have handed over files last week but had not done so.

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Mr Brown was not in court and had failed to engage with his regulatory body or with his own solicitor, Mr Irwin said.

While “numerous” meetings with an accountant had been organised, all were cancelled “at the last minute”. Only one file had been handed over and, as a result, the society had been unable to get full details in relation to accounts.

Mr Brown was also required to reimburse two clients, and four beneficiaries of an estate, but that had not happened, Mr Irwin said. This was “a very regrettable state of affairs” and the society had no option but to seek various orders to protect clients and the public and to maintain standards of the solicitors’ profession.

Failed efforts

In court documents it was stated the estate in question had not received monies totalling €190,000 and it was anticipated a claim would be made on the society’s compensation fund.

The judge granted the society various orders, including permitting it access to the premises of Mr Brown to get files and documents.

When the matter was previously before the court some weeks ago, the society expressed disquiet over how the practice was being conducted by Mr Browne and about detrimental effects on clients and the public who might avail of the services, the judge said.

On that occasion another solicitor, Sean Sexton, represented Mr Brown and told the court he hoped some resolution might be achieved, the judge said. The court made limited orders in the hope Mr Brown would co-operate with Mr Sexton and, through the solicitor, with the society.

However, the court was now provided with a detailed affidavit outlining many instances of failed efforts to meet with Mr Brown and of non-compliance with the court’s limited orders, Mr Justice Kelly said. Because it was clear Mr Sexton had had no success in getting any form of co-operation, the court would grant Mr Sexton’s application to cease representing Mr Brown.

Mary Carolan

Mary Carolan

Mary Carolan is the Legal Affairs Correspondent of the Irish Times