Tribunal finds Cavan solicitor guilty of misconduct

A solicitor found guilty of misconduct by the Solicitors Disciplinary Tribunal has been disqualified from practising as a sole practitioner by the High Court.

Following a complaint made by the Law Society, Brian FG Toolan, a solicitor who practised as Toolan & Associates at Arva, Co Cavan, was found guilty of misconduct in relation to accounting irregularities dating from 2001.

The president of the High Court ordered that Mr Toolan may not be permitted to practise as a sole practitioner or as a partner in a solicitor's practice, but that he be permitted only to practise as an assistant solicitor under the supervision of another solicitor of at least 10 years' standing. Mr Toolan was instructed to pay the Law Society's costs at the tribunal hearing, as well as subsequent costs of the High Court hearing.

The tribunal ruled that, as of February 28th, 2003, Mr Toolan had allowed a deficit of client funds of at least €126,317.43. He failed to write up the client ledgers since August 31st, 2001, and drew amounts from the client account to the office account which were not debited to specific clients in the clients' ledger, amounting to €161,231.43.

He was also found to have drawn two amounts on the client account in February 2003, which were used to purchase two bank drafts, the proceeds of which, according to Ulster Bank, were lodged to the solicitor's credit card account, totalling €21,050.