Fine imposed on Mayo solicitors were ’derisory’

Fines imposed on Mayo solicitors were ‘derisory’


The President of the High Court, Mr Justice Richard Johnson, has described fines of €25,000 imposed on two Mayo solicitors after they were found guilty of professional misconduct by the Law Society’s Disciplinary Tribunal as ‘derisory’.
He said the fines were ‘completely inadequate and a striking-off order may have been more appropriate’.
Mr Justice Johnson made his comments on Monday of last week when hearing an application by the Society to deal with the Disciplinary Tribunals recommendations in relation to Michael McDarby and Seán Acton of Michael McDarby & Co, Solicitors, Ballinrobe.
Earlier this year both solicitors were fined €25,000 in relation to alleged charging of a ten per cent levy by them in personal injuries actions, despite having had their costs already covered by the insurance companies.
During that hearing before the tribunal, the Law Society recommended that the two be struck off, but the tribunal instead decided they should be fined €25,000 each.
Both solicitors had admitted six out of nine charges and were found guilty on eight. Last month the tribunal ruled the two should be fined a further €500 for professional misconduct after both were employed for opposing parties in a traffic incident.
Last week, when the recommendations of the tribunal came before Mr Justice Johnson in the High Court, the judge said he regarded the sanction imposed by the tribunal as ‘completely inadequate’. “I think striking-off would be more appropriate,” he said.
The judge adjourned the matter for four weeks so that a full hearing by the High Court of the tribunal’s recommendations could be arranged.
Earlier, Paul Anthony McDermott, for the Law Society, said the pair had driven ‘a horse and cart’ through the regulations they were supposed to abide by. The tribunal inquiry had also heard Mr McDarby had misled the Law Society’s investigating accountant, Mr McDermott said.
The Law Society, the ruling body for solicitors, has no power to strike solicitors off and can only make representations to have solicitors removed after handing over their investigations to the independent tribunal. The High Court can then confirm, reject or amend the tribunal’s recommendation.