Patrick Aidan Crowley

Allegation / charges

In the matter of Patrick Aidan Crowley, a solicitor previously practising as a partner in the firm of Egan Daughter & Company, Solicitors, Church Street, Castlebar, Co Mayo, and in the matter of the Solicitors Acts 1954-2008 [6598/DT03/12 and High Court record no 2013 no 45 SA] Law Society of Ireland (applicant) Patrick Aidan Crowley (respondent solicitor) On 14 February 2013, the Solicitors Disciplinary Tribunal found the respondent solicitor guilty of misconduct in his practice as a solicitor in that he: a) Allowed a shortfall of €521,924 in the client account as of 31 May 2010, as set out in the investigation report of 1 September 2010, in breach of the Solicitors’ Accounts Regulations , b) Allowed a shortfall in respect of the estate of a named person, as detailed in paragraph 2.4 of the report of 26 July 2010, in at least the sum of €3,038.00, c) Made deductions from a settlement cheque of a named client without her written authority and without providing a section 68(6) bill, d) Made a payment to a client in advance of €46,024 when no funds were available in the office account in respect of that client, thereby causing a debit balance, e) Withdrew €518,380 from a named estate over a period of about seven years, in breach of the regulations, without issuing bills of costs to the clients, f) Misappropriated €35,000 from another named estate on 22 July 2010 by withdrawing this amount from the executor’s account and purchasing a bank draft payable to another client whose personal injuries claim had become statute barred, g) As detailed in paragraph 4.8 of the investigation report of 11 April 2011, made lodgements of approximately €454,000 to his personal bank account over a period of years, and the lodgements included a substantial amount of unrecorded fees, including legal aid cheques and other unidentified amounts, and he paid a personal injury settlement from this account, h) Dealt with some of the assets of a named estate without disclosing the assets to the Revenue or to the Probate Office of the High Court, i) Failed to inform a named person of his possible entitlement in a named estate, j) Incorrectly dealt with the moveable assets of a named estate without the authority of the appropriate court, k) By his acts/omissions, the solicitor contributed to a named person becoming the sole beneficiary to the proceeds of a named estate and to depriving two named individuals of their possible entitlements, l) Made misleading statements to the Revenue and produced misleading documents to the Probate Office, m) Maintained an executor’s account for a named estate but failed to record transactions on the executor’s account in the books of account of the practice. The tribunal referred the matter to the President of the High Court and, on 15 April 2013, the High Court made an order: a) Striking the name of the respondent solicitor from the Roll of Solicitors, b) The costs of the proceedings before the tribunal and the costs of the High Court proceedings to be taxed by a taxing master of the High Court in default of agreement.

Duties engaged

• Full disclosure on ex parte applications
• No improper communication with the court
• Not mislead third parties or opponents
• No conflict between current clients
• No improper benefit, loan or bequest
• No improper use of client money
• Accounting records, reconciliation and reports
• Account for interest on client money

Documents

No documents recorded.