High Court strikes off solicitor who 'treated clients disgracefully'

The President of the High Court has struck off a Dublin solicitor whose treatment of some of his clients was described as "an absolute disgrace".

Today the President of the High Court Mr Justice Nicholas Kearns made orders striking off solicitor Charles O'Neill, practising as Cathal O'Neill and Company Solicitors, of Church Avenue, Rathmines, Dublin 6.

The Law Society sought orders against Mr O'Neill after the society's Solicitors Disciplinary Tribunal found he was guilty of misconduct, was not a fit person to be a member of the solicitors profession, and should be struck off the Roll of Solicitors.

The judge, after being informed that Mr O'Neill's current whereabouts are unknown, also adjourned generally, with liberty to re-enter, the Society's application compelling the solicitor to pay restitution.

Mr O'Neill was not in court today, nor were any representations made on his behalf.

Seeking the orders, Paul Anthony McDermott Bl for the Society said that the Tribunal had made findings of professional misconduct in relation to a number of complaints made against Mr O'Neill.

These include a complaint from a couple who were unable to sell their home because Mr O'Neill failed to apply the stamp duty fee they provided to him when they purchased their property in 2002. That resulted in the relevant transfer deed not being stamped or registered in their names.

In 2008 the couple entered into a contract to build a new home, but were unable to sell their house due to Mr O'Neill's actions. Counsel said Mr O'Neill's misconduct had a catastrophic effect on them, and had caused them severe hardship, personal damage and financial loss.

Counsel said that the chairman of the Law Society's Tribunal said that Mr O'Neill's treatment of the couple was "frankly disgraceful", and a "shame that any solicitor can do that to any client or former client". The tribunal had no hesitation in imposing the strongest penalty it could against Mr O'Neill.

The Tribunal also upheld a complaint Mr O'Neill failed to progress a transaction and failed to forward documentation in relation to the sale of a premises in Co Kildare, in which he acted for the seller, that closed in 2006.

In an affidavit to the court solicitor with the Law Society David Irwin said Mr O'Neill's actions left the buyers without a title deed to the property.

The Tribunal further found that Mr O'Neill failed to honour an undertaking he gave in 2007 to solicitors acting for Bank of Scotland, which resulted in a permanent loss to the bank of more than €1.5m.

The bank advanced a loan to the owners of a property in Co Wexford, who were clients of Mr O'Neill.

Those undertakings included that he had irrevocable instructions to act for the borrowers, that the borrowers were the registered owners of the property, and the property had good marketable value, and that he would hold the deeds of the property in trust for the bank.

In a further affidavit Mr Irwin said that the bank's solicitors sought title deeds in respect of the property, as had been agreed, but Mr O'Neill had refused to comply with that request.