Michael Small

Allegation / charges

In the matter of Michael Small, a solicitor previously carrying on practice as Michael Small, Solicitor, at Carraig House, 10 Newenham Street, Limerick, and in the matter of the Solicitors Acts 1954-2008 [10119/DT172/10 and High Court record 2011 no 58SA] Law Society of Ireland (applicant) Michael Small (respondent solicitor) On 5 April 2011, the Solicitors Disciplinary Tribunal found the respondent solicitor guilty of misconduct in his practice as a solicitor in that he: 1) Allowed a deficit of client funds in the sum of €1,181,667.04 as of 16 August 2009, 2) Operated a secret bank account where funds of approximately €1.2 million were lodged, in breach of the Solicitors Accounts Regulations , 3) Used client moneys to discharge the mortgage debts of clients who defaulted on mortgages, 4) Paid the money to third parties and withdrew money for his own use, 5) Failed to maintain proper records, and 6) Allowed claims to arise on the compensation fund of €1,123,245.11, with €428,735.81 already paid out as of the date of swearing of the Society’s affidavit. The tribunal ordered that the Society bring their findings to the High Court and, on 11 July 2011, the High Court ordered that: 1) The name of the respondent solicitor be struck from the Roll of Solicitors, 2) The respondent solicitor do make such restitution, if and when he is in a position to do so, in respect of all payments by the compensation fund arising from the respondent solicitor’s practice, 3) The Law Society do recover the costs of the proceedings before the High Court and the cost of the proceedings before the Solicitors Disciplinary Tribunal when taxed or ascertained.

Duties engaged

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

Other decisions involving this respondent

• Decision 2011-10-21 · LSI · Ireland

Matched by respondent name — may include a different person with the same name.

Documents

No documents recorded.