Gerard Tierney

Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision

Gerard Tierney, an experienced solicitor, submitted 24 criminal legal aid accounts to SLAB with fictitious or inaccurate outcomes to obtain premature and additional payments (£10,574.11 early payments, £1,725 on transferred cases and £350 plus VAT for fabricated deferred sentence diets), and submitted civil advice and assistance/legal aid accounts on 21 files unsupported by file contents while employed as a consultant, as well as failing to obtain or complete client mandates. The Tribunal found professional misconduct with a clear element of dishonesty, deemed the conduct at the highest end of the scale, and unanimously struck his name off the Roll of Solicitors, finding him liable in expenses and ordering publicity.

Duties found breached:

• No improper communication with the court
• No improper use of client money
• Prompt accounting and return of money
• Good faith and courtesy to colleagues

Aggravating factors:

• Course of conduct engaged in over a number of years
• Conduct was deliberate and designed to result in financial gain
• Misconduct occurred both while practising on own account and as an employee, across two firms
• Little sign of remorse or insight; submissions appeared designed to elude responsibility by criticising another
• Previous Tribunal finding against the Respondent from 2014 concerning SLAB monies for outlays
• De-registered from Criminal Legal Aid Register and excluded from all legal aid under s31
• Experienced legal aid practitioner familiar with the obligations

Mitigating factors:

• No actual loss to the Legal Aid fund as sums were recouped/offset by SLAB
• Admitted misconduct via Joint Minute agreeing all averments of fact, duty and misconduct, avoiding need for evidence
• Difficult personal circumstances including sequestration, financial difficulties, and wife's ill health
• Respondent's own poor health and inability to afford legal advice