Solicitor struck off over €127k loan

A Cork solicitor who claimed to be a partner in a firm in an undertaking to a bank on a €127,000 loan to buy land, and then failed to comply with the undertaking, was yesterday struck off by the High Court.

Greg Casey, of Casey and Co Solicitors, North Main St, Bandon, Co Cork, had been restricted to operating as an assistant solicitor when he gave the undertaking to ACC Bank in 2001 “as a partner in the firm of Casey & Company” for a loan to buy 100 acres of land at Allihies, Beara, West Cork.

Mr Justice Nicholas Kearns said the Law Society’s view was this was a particularly serious case which required the ultimate sanction to reassure the public that the regulatory system was functioning.

The judge said a strike-off order was the only sanction adequate for such conduct.

Further findings of professional misconduct were made by the Law Society Disciplinary Tribunal in relation to Mr Casey’s dealings with a number of clients.

Directing that Mr Casey be struck off, Mr Justice Kearns said that, taken together, there was an overwhelming case for the relief sought by the Law Society.

He also held Mr Casey should be liable for the Law Society costs on the case.

But, in an affidavit, Mr Casey, suspended from practice since 2008, said an order was made by the High Court in 2011 to accede to his application to retire as a solicitor.

“It is obvious from this and my medical condition that I will not work as a solicitor ever again,” said Mr Casey. “I do not see how striking me off the roll now can in any way be seen as a necessary means of prevention of a repeat disciplinary offence or a further step that might be deemed necessary to protect the public.”

The Disciplinary Tribunal had recommended Mr Casey be struck off after making a finding of professional misconduct against him that he misrepresented to a lending institution he was a partner in the law firm.