Fergus Appelbe

Allegation / charges

In the matter of Fergus Appelbe, solicitor, formerly practising in the firm of PJ O’Driscoll, 41 South Main Street, Bandon, Co Cork, and now practising as Appelbe & Co, Solicitors, 34 South Main Street, Bandon, Co Cork, and in the matter of the Solicitors Acts 1954-2011 [2398/DT104/11 and High Court record 2014 no 101 SA] Law Society of Ireland (applicant) Fergus Appelbe (respondent solicitor) On 17 February 2014, the Solicitors Disciplinary Tribunal found the respondent solicitor guilty of misconduct in his practice as a solicitor, in that he: 1) Failed to stamp deeds in respect of named properties at Cork in March 2005 or at an appropriate time, 2) Altered a deed in or about January/February 2010 so as to falsely show the said properties being transferred to the respondent solicitor and his wife for €500,000 instead of €3.285 million, and 3) Updated or caused to be updated the said deed, thereby avoiding interest and penalties for late stamping, 4) Falsely represented to the Revenue Commissioners that the original transfer was to the respondent solicitor and his wife, 5) Falsely represented to the Revenue Commissioners that the warehouse section of the property had been transferred to a named company for a consideration of €300,000 in February 2010 and/or falsely executed such a deed, and/or 6) Falsely represented to the Revenue Commissioners that the balance of the property had been transferred into the sole name of the respondent solicitor’s wife with no stamp duty implications in February 2010, and/or 7) Failed to stamp a deed in November 2005 or at the appropriate time in respect of the purchase by the respondent solicitor’s daughter of lands and a garage at Bandon, Co Cork, and/or 8) Updated or caused to be updated the said deed in relation to his daughter in the purchase of this property, thereby avoiding interest and penalties for late stamping of the deed, and 9) Gave undertakings to both Bank of Ireland and Allied Irish Banks at the same time in respect of named lands in Bandon, Co Cork. The tribunal ordered that the matter go forward to the High Court, and the President of the High Court made the following orders on 13 October 2014: 1) That the respondent solicitor not be permitted to practise as a sole practitioner or in partnership and that he only be permitted to practise as an assistant solicitor in the employment and under the direct control and supervision of a solicitor of at least ten years’ standing to be approved in advance by the Society, 2) That the respondent solicitor be precluded from acting as a solicitor on his own behalf and/or on behalf of his immediate family and/or any company in which he or they are directors and/or shareholders, 3) That the respondent solicitor pay the Society the whole of its costs, including witness expenses for the Solicitors Disciplinary Tribunal proceedings, to be taxed in default of agreement, 4) That the respondent solicitor pay the Society the costs of the High Court proceedings, to be taxed in default of agreement.

Duties engaged

• Cease acting on client perjury or disobedience
• Handle inadvertently received material
• Safeguard documents and limit liens
• Honour professional undertakings

Documents

No documents recorded.