Daniel Downes

Allegation / charges

In the matter of Daniel Downes, a solicitor formerly practising as O’Dea & Company, Solicitors, at 1st Floor, Hardiman House, Eyre Square, Galway, and in the matter of the Solicitors Acts 1954-2011 [4298/DT150/12 and High Court record 2014 no 52 SA] Law Society of Ireland (applicant) Daniel Downes (respondent solicitor) On 21 January 2014, the Solicitors Disciplinary Tribunal found the respondent solicitor guilty of misconduct in his practice as a solicitor in that he: 1) Allowed a deficit in his client account as of 1 May 2012 totalling €69,938, 2) Allowed deficits in his client account as of 31 December 2010 and 30 June 2011 of €31,388 and €32,497 respectively, 3) Allowed debit balances of €67,710 to occur on the client ledger account as of 1 May 2012, 4) Cancelled a payment to a barrister in the client ledger and transferred part of the amount involved to the office account as fees, 5) Allowed round sum of lodgements to be made to the office account at times when the office account was under pressure, 6) Failed to keep adequate books of account. The tribunal ordered that the matter go forward to the High Court and, on 28 April 2014, the High Court ordered that: 1) The name of the respondent solicitor be struck from the Roll of Solicitors, 2) The respondent solicitor pay the applicant the costs of the proceedings before the Solicitors Disciplinary Tribunal, to be taxed in default of agreement, 3) The respondent solicitor pay the applicant the costs of the High Court proceedings, to be taxed in default of agreement.

Duties engaged

• No improper use of client money
• Prompt accounting and return of money
• Accounting records, reconciliation and reports

Documents

No documents recorded.