Solicitor struck off as court hears of €1.53m deficit in client funds

Court told disciplinary tribunal had found solicitor guilty of professional misconduct on 14 different allegations

Judge ordered Patrick Delaney to pay a total of €11,000 fines to the Law Society Compensation Fund as well as €1.5m as restitution to the society. He was further ordered to pay over €12,000 towards the society’s costs.

A solicitor who, it was claimed, used client monies to fund his gaming addiction has been struck off the rolls of solicitors by the President of the High Court.

Patrick Delaney, who at one time practised out of Castleknock, Dublin, was found by the Solicitors Disciplinary Tribunal last March to be guilty of professional misconduct for causing an actual deficit in client funds of over €1.53m.

Mr Justice David Barniville was told of a further potential deficit in client funds of more than €767,401 being identified, making a total apparent deficit in the client funds in the region of €2.29m as of September 2019.

Law Society of Ireland solicitor Mary Fenelon, who applied to the High Court for various orders including a strike-off against the solicitor, told the court the disciplinary tribunal had found Mr Delaney guilty of professional misconduct on 14 different allegations, including that he misappropriated client funds “by engaging in a process of teeming and lading” and misappropriated monies belonging to clients by way of payment to gaming websites.

Ms Fenelon said the tribunal also found Mr Delaney had caused claims of over €3.4m to be made on the Law Society Compensation Fund to May 2020, with over €925,000 discharged as of that date.

Professional misconduct

The tribunal which heard evidence from the Law Society investigating accountant, also found Mr Delaney guilty of professional misconduct in relation to unauthorised cash withdrawals totalling €28,870 from the client back account, transferring professional fees when not in funds to do so, delaying in redeeming mortgages and failing to keep proper books of accounts.

Ms Fenelon said the last practicing certificate for Mr Delaney was for 2019. He had been admitted to the roll of solicitors in 1995 and carried on a practice as Patrick Delaney Solicitors at Parkside House, Castleknock, Dublin.

She said the disciplinary tribunal was urged to recommend a strike-off to the High Court and was told Mr Delaney engaged in a dishonest practice, took clients’ monies and used client monies to fund his gaming addiction.

Mr Justice David Barniville, granting all the orders sought, said the sanctions were there to ensure the protection of the public and maintain the reputation of the solicitors profession.

He also granted the further sanctions recommended and ordered Mr Delaney to pay a total of €11,000 fines to the Law Society Compensation Fund as well as €1.5m as restitution to the society. He was further ordered to pay over €12,000 towards the society’s costs.