A DUBLIN solicitor has been found guilty of professional misconduct at a hearing of the Solicitors' Disciplinary Tribunal.
Charles O'Neill (58), formerly of Cathal O'Neill solicitors in Rathmines, Dublin, has been found guilty of six charges relating to a failure to maintain financial records in accordance with solicitors' regulations.
The tribunal recommended yesterday that Mr O'Neill - who has been in sole practice since 1989 - be permitted to practise only under the supervision of a solicitor of 10 years standing.
The tribunal also recommended a fine to be determined by the courts.
The tribunal also acceded to a request from Mary Fenlon, representing the Law Society, that Mr O'Neill pay the society's costs.
The charges emanated from an investigation into the accounts of Mr O'Neill's firm which was completed in April 2006 by Jim Dobson, an accountant, on behalf of the Law Society.
This resulted in Mr O'Neill's accounts being frozen by the High Court last April.
The specific charges included shortfalls of sums of €23,489 and €401,400 in client accounts as well as the paying of office accounts from client funds.
The tribunal was told that Mr O'Neill had failed to keep adequate supporting documentation to allow easier appropriation of funds to the correct clients subsequently.
Mr O'Neill also failed to comply with the Solicitors Amendment Act 1994 which makes it incumbent on solicitors to furnish clients with written details of charges.
Seán Sexton, for Mr O'Neill, said his client accepted the charges of professional misconduct and, as a married man with a grown-up son, the matter was a cause of great distress for him.
Mr Sexton added that "a diligent employee" of Mr O'Neill was under severe stress and had suffered a breakdown in her health which resulted in a deterioration in record-keeping.
He said his client "did not have the heart to dispense with her services and the problems escalated from there".
Mr Sexton said Mr O'Neill had had no income since last March and asked that this be taken into account when a monetary penalty would be considered.
Chairman of the tribunal Ian Scott said that while he acknowledged the admission of culpability and that nobody had suffered a loss, Mr O'Neill had been in a privileged position of trust and showed a disregard for this responsibility.