Dublin-based solicitor sanctioned by the High Court after disciplinary tribunal

A Dublin-based solicitor was sanctioned by the High Court after a disciplinary tribunal upheld allegations that he failed to comply with undertakings made to a bank. The High Court president ordered a 10-year prohibition on practicing as a legal practitioner other than as an employee and required payment of inquiry costs. The solicitor had not held a practicing certificate since 2022. The matter stemmed from a complaint by PTSB in August 2021. The bank alleged the solicitor, acting for property buyers, failed to provide relevant sale documents and failed to communicate regarding the undertaking. The tribunal found the allegations proven, constituting misconduct likely to bring the profession into disrepute.

"The sanctions arise from a complaint to the Legal Services Regulatory Authority (LSRA) made by PTSB - then Permanent TSB - in August 2021. According to court documents, the bank alleged Mr O'Brien failed to comply with an undertaking he gave to the bank relating to the sale of a property in Lucan. The bank claimed Mr O'Brien, who was acting for the property buyers, failed to provide the bank with relevant documents relating to the sale, and failed to communicate with the bank regarding the undertaking to provide same."

"In January, a hearing of the Legal Practitioners Disciplinary Tribunal was convened to consider the allegations, and determine whether they constituted misconduct under the Solicitors Act 1960 and Legal Services Regulation Act 2015. The Legal Practitioners Disciplinary Tribunal is an independent body that considers complaints of misconduct against solicitors and barristers. The tribunal found the allegations were proven, and constituted misconduct. The tribunal determined that the conduct "tended to, and was likely to, bring the solicitors' profession into disrepute"."

"High Court president Judge David Barniville this week made orders prohibiting Edward O'Brien, formerly of Edward J O'Brien Solicitors, Lucan, from practicing as a legal practitioner other than as an employee for 10 years. Mr O'Brien was also ordered to pay costs arising from an inquiry into allegations made against him. Mr O'Brien, who was not represented at the High Court hearing, has not held a practicing certificate since 2022. A solicitor must hold a practicing certificate to provide legal services."

Read at Irish Independent