Patrick McGonagle

Allegation / charges

In the matter of Patrick McGonagle, a solicitor previously practising as McGonagle Solicitors, 1 Main Street, Dundrum, Dublin 14, and in the matter of the Solicitors Acts 1954-2015 [2020/DT03 and High Court record 2022 no 53 SA] Law Society of Ireland (applicant) Patrick McGonagle (respondent solicitor) On 7 December 2021, the Solicitors Disciplinary Tribunal found the respondent solicitor guilty of professional misconduct, in that he: 1) Failed to keep any or adequate books of account together with relevant supporting documents, as required by regulation 13 of the Solicitors Accounts Regulations 2014 , 2) Failed to record transactions relating to clients in the office account, in an office cash book, or client ledgers, in breach of regulation 13(7) of the Solicitors Accounts Regulations , 3) Allowed a deficit in client funds of €74,164.80 as of 30 June 2019, reduced to €42,417.77 as of 31 October 2019, 4) Allowed unauthorised transfers between unrelated client ledger accounts, in breach of regulation 10 of the Solicitors Accounts Regulations , 5) Allowed debit balances of €18,613.24 to occur on the client account as of 31 October 2019, in breach of regulation 7(2)(a) of the Solicitors Accounts Regulations , 6) Allowed an unexplained difference of €34,821 in the client control account in the closing figures as at 30 June 2019 and the opening balances as at 1 July 2019, 7) Withdrew costs from the client account that were not lodged to the office account, in breach of regulation 9(2) of the Solicitors Accounts Regulations , 8) Took monies for fees when not properly due, in breach of regulation 7(1)(a)(iii) of the Solicitors Accounts Regulations , 9) Paid office overheads from the client account, in breach of regulation 7(2)(b) of the Solicitors Accounts Regulations , 10) Failed to complete balancing statements every six months within two months of the balancing date, in breach of regulation 13(8) of the Solicitors Accounts Regulations , 11) Failed to complete balancing statements for office transactions on a yearly basis within two months of the balancing date, in breach of regulation 13(9) of the Solicitors Accounts Regulations , 12) Failed to maintain nominal office accounts, in breach of regulation 13(7)(d) of the Solicitors Accounts Regulations , 13) Failed to record as a debit, on the office side of relevant ledger accounts, the amount of the professional fees in any bill of costs furnished to a client, in breach of regulation 11(4) of the Solicitors Accounts Regulations . The disciplinary tribunal ordered that the Law Society bring the findings and report before the High Court. On 20 June 2022, the High Court ordered that: 1) The name of the respondent solicitor be struck off the Roll of Solicitors, 2) The respondent solicitor pay a sum of €1,500 towards the compensation fund, 3) The respondent solicitor pay a contribution of €3,112 towards the whole of the costs of the Law Society in the disciplinary proceedings, 4) The respondent solicitor pay measured costs of €1,774 in respect of the High Court proceedings.

Duties engaged

• No conflict between current clients
• No improper use of client money
• Prompt accounting and return of money
• Accounting records, reconciliation and reports
• Account for interest on client money

Documents

No documents recorded.