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Brendan MacNamara

JurisdictionIreland
BodyLaw Society of Ireland (Regulation) (LSI)
Professionsolicitor — Devitt Doorley MacNamara, The Valley, Roscrea, Co Tipperary
Date21/01/2013

Allegation / charges

In the matter of Brendan MacNamara, solicitor, formerly practising as a partner in the practice of Devitt Doorley MacNamara, The Valley, Roscrea, Co Tipperary, and in the matter of the Solicitors Acts 1954-2011 [10447/DT44/10 and High Court record no 2011 86 SA] Law Society of Ireland (applicant) Brendan MacNamara (respondent solicitor) On 21 July 2011, the Solicitors Disciplinary Tribunal found the respondent solicitor guilty of misconduct in his practice as a solicitor in that he: a) Conducted a conveyancing transaction in relation to a named client in a manner that fell so far below what could be regarded as prudent standard conveyancing practice that his client obtained no title to the property, b) Breached his solicitor’s undertaking to Roscrea Credit Union, c) Left his client with a liability to repay a loan and interest to Roscrea Credit Union, notwithstanding that he obtained no title to the property that was the subject matter of the loan from the credit union, d) Conducted a conveyancing transaction in relation to another named client in a manner that fell so far below what could be regarded as prudent standard conveyancing practice that his client obtained no title to the property, e) Breached his solicitor’s undertaking to Bank of Ireland in respect of a loan of €170,000, f) Left his client with a liability to repay a loan and interest to Bank of Ireland, notwithstanding that he obtained no title to the property that was the subject matter of the loan from the bank, g) Conducted a conveyancing transaction in relation to another named client in a manner that fell so far below what could be regarded as prudent standard conveyancing practice that his client obtained no title to the property. The tribunal made an order that the respondent solicitor: a) Do stand censured, b) Pay a sum of €12,000 to the compensation fund, c) Pay the whole of the costs of the Society, including witness expenses, as taxed by a taxing master of the High Court in default of agreement. The matter, on appeal, came before the President of the High Court on 21 January 2013. The President acceded to the Society’s appeal and ordered that: 1) The name of the respondent solicitor be struck off the Roll of Solicitors, 2) The order of the tribunal censuring the respondent solicitor and directing him to pay a sum of €12,000 to the compensation fund of the Society be rescinded, 3) The respondent solicitor pay to the Society the costs of the tribunal and the High Court proceedings, to be taxed in default of agreement.

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