Michael Hanrahan

Allegation / charges

In the matter of Michael Hanrahan, solicitor, formerly practising as Michael Hanrahan at 43 Lower Main Street, Dungarvan, Co Waterford, and in the matter of the Solicitors Acts 1954-2011 [2930/DT153/13 and High Court record no 2016/220 SA] Law Society of Ireland (applicant) Michael Hanrahan (respondent solicitor) On 11 November 2016, the Solicitors Disciplinary Tribunal found the respondent solicitor guilty of misconduct in his practice as a solicitor in that he: 1) Caused a minimum deficit in the client account of €181,856 as at 31 August 2012, 2) Wrongfully withdrew a sum of €93,407 from the estate of the named deceased person where he was executor and where he had also witnessed the will and there was no charging clause in the will, 3) Transferred €84,674 from the executor’s account in the above estate to his office account, 4) Withdrew a further €8,733 from a deposit of €30,000 received at the auction on a land sale in the same estate, 5) In another named estate, transferred €22,803 of moneys to the office account, whereas his section 68 letter showed that his fees would have amounted to €7,502, 6) In another named estate, transferred a total of €30,421 to the office account, whereas his section 68 letter showed that his fees would have amounted to €10,012, 7) Took the foregoing amounts without raising fee notes, 8) In another named estate, calculated his fees at €7,619 but transferred a total of €13,892, 9) Transferred this amount without furnishing a section 68 letter, 10) Paid himself €6,195 plus VAT before the grant of administration in relation to the estate had issued, 11) Paid himself these moneys without raising any fee note or notification to the clients of these withdrawals, 12) In a named estate, calculated his fees at €8,150 plus VAT but transferred a total of €31,992 from the client to the office account, 13) By engaging in the above transfers, left the distribution of €44,589 short by €3,189 per person, which roughly equates with the excess transfers from the client account of €31,992, less €9,075, 14) Did not inform the beneficiary of the transfer of funds to the office account on 12 different occasions between April 2010 and December 2011. The tribunal ordered that the matter should go forward to the High Court and, on 23 January 2017, by consent, the High Court ordered that: 1) The name of the respondent solicitor shall be struck from the Roll of Solicitors, 2) The respondent solicitor pay to the applicant the costs of the proceedings before the Solicitors Disciplinary Tribunal, including witness expenses, to be taxed in default of agreement - execution and registration of these on foot of said costs order be stayed for a period of 12 months from the date of the order, 3) The respondent solicitor pay the applicant the costs of the High Court proceedings, to be taxed in default of agreement - execution and registration of these costs on foot of this costs order be stayed for a period of 12 months from the date of the order.

Duties engaged

• Costs and fee transparency to client
• Handle inadvertently received material
• No improper benefit, loan or bequest
• No improper use of client money
• Prompt accounting and return of money

Documents

No documents recorded.