A SOLICITOR has been struck off by the High Court after being found guilty of misconduct in relation to undertakings given by him on clients’ mortgages.
The president of the High Court, Mr Justice Nicholas Kearns, yesterday granted the Law Society’s application to strike off Eamon Comiskey, practising as Eamon P Comiskey Co of Ballycarnan, Portlaoise, Co Laois.
Mr Comiskey was found guilty in September and October last by a Solicitors Disciplinary Tribunal (SDT) of misconduct arising from three complaints of failing to discharge undertakings in relation to the sale of three properties.
The judge said solicitors’ undertakings were “the currency of the profession” which lawyers are expected to comply with.
A tribunal of inquiry found Mr Comiskey’s failures to comply with undertakings left buyers of the properties with undischarged mortgages on the titles.
Counsel for Mr Comiskey told the court he wished to apologise for his actions and added Mr Comiskey had come under great pressure from one individual to release the money involved in the mortgages. He hoped to put matters right in relation to one of the complaints in the future, KBC bank had obtained a judgment in relation to a second complaint and the third complaint was “somewhat complicated”.
Mr Comiskey had not intended to harm anyone and was asking the court to consider allowing him to continue working under the supervision of another lawyer rather that strike him off.
Mr Justice Kearns said this was not just a single breach of a solicitor’s undertaking but was a very serious matter.
- The judge also ordered two other solicitors, who are facing complaints over conveyancing matters, to appear before the court next week or face possible applications for imprisonment.
Donal J Corrigan solicitor, St Agnes Road, Crumlin, Dublin, and Keith Finnan, Humbert Mall, Main Street, Castlebar, Co Mayo, are facing queries by the Law Society into conveyancing matters in their practices, the court heard.
Paul Anthony McDermott, for the Law Society, said both solicitors had failed to turn up at hearings into the matters and both now appeared to be operating without practising certificates and insurance.