Cork solicitor found guilty of professional misconduct

The tribunal found Mr Moylan guilty on four counts of professional misconduct, and not guilty of misconduct regarding five other allegations. 

John Moylan at the Solicitors Disciplinary Tribunal on Bow Street, Dublin. Picture: Gareth Chaney/ Collins Photos

A Mallow-based solicitor has been found guilty of professional misconduct for falsely claiming to have witnessed the signatures of a client on 18 occasions. 

John Moylan, of Richard Moylan and Co, Shortcastle St, Mallow, Co Cork, was ordered by the Solicitors Disciplinary Tribunal to pay €15,000 to a compensation fund and another €15,000 towards the costs of the retired teacher who brought the complaint against him.

The tribunal found Mr Moylan guilty on four counts of professional misconduct. On five other allegations, the tribunal found that he had been “careless”, but was not guilty of misconduct. 

The tribunal sat over three days and heard evidence from Mr Moylan and the complainant, Deirdre O’Flynn of Ballyclough, Mallow. 

After the ruling, the counsel for Ms O’Flynn told the tribunal that she did not wish to impede on Mr Moylan’s employment and she had just wanted to clear her name.

“Ms O’Flynn came here to clear her name,” lawyer Tadgh Dorgan told the hearing. 

It has taken her eight years to have her name vindicated and establish that she has the highest integrity.

"She is happy to leave here today. She in no way wants to impede the respondent solicitor’s employment.”

Mr Moylan had been the solicitor for a company, BOD Investments, set up by Ms O’Flynn’s husband, Billy, and of which she was a non-executive director. 

The property vehicle was in operation from 1994 until its collapse under multiple debts in 2014. 

The tribunal heard that Ms O’Flynn had been unaware of the manner in which the company had been operated by her husband, culminating in its collapse. 

She became aware in 2013 and received independent advice, following which she put BOD Investments into liquidation. 

She then discovered that her signature had been forged on 18 documents on which Mr Moylan had signed as the company solicitor claiming to have witnessed her signature. 

These documents dated from 1997 to 2011.

Solicitor John Moylan. Picture: Gareth Chaney/ Collins Photos

Mr Moylan accepted that her signature had been forged, but he said that he had believed it was genuine when it was presented to him by her husband, Billy O’Flynn.

Deirdre O’Flynn had also complained that Mr Moylan had misled a solicitor she retained after the collapse of BOD Investments. 

The tribunal found that Mr Moylan was not guilty of professional misconduct in this respect, even though some of his correspondence with the new solicitor had been “careless”.

Ms O’Flynn first complained to the Law Society about Mr Moylan’s professional conduct, but this was rejected. 

She then complained to the Solicitor’s Disciplinary Tribunal, which initially ruled that she did not have a prima facia case to advance her complaint to a full hearing. 

The tribunal said that the allegations against Mr Moylan were not to be fully investigated because of the “passage of time” since they occurred.

Ms O’Flynn then appealed the decision to the High Court, where she represented herself. 

The High Court found that she was entitled to a full hearing on the false witnessing and alleged misleading of the new solicitor allegations. 

Judge Richard Humphreys ruled that there had been “serious and significant errors by the tribunal” that had warranted the court’s intervention. 

He stated that the case he had to consider related to “questions of honesty”. 

That ruling led to the hearing which finished on Wednesday with the misconduct findings.