David O'Shea

Allegation / charges

In the matter of David O’Shea, solicitor, formerly practising at O’Donovan Solicitors, 73 Capel Street, Dublin 1, and in the matter of the Solicitors Acts 1954-2008 [6743/DT63/09 and High Court record no 2009 no108 SA] Law Society of Ireland (applicant) David O’Shea (respondent solicitor) On 15 February 2010, the High Court made an order striking the name of the respondent solicitor from the Roll of Solicitors. The High Court had before it the findings of misconduct of the Solicitors Disciplinary Tribunal as follows: a) Caused, by the misapplication and/or misappropriation of monies, a deficit on the client account of O’Donovan Solicitors of in or about €273,439.28, in breach of regulation 7(2)(a). b) Misappropriated monies from the client account for his own personal use and benefit of in or about €96,000, in breach of regulation 7(2)(b). c) Misapplied funds of in or about €80,000 from the client ledger account of a named client, in breach of regulation 7(1)(a)(i). d) Failed to stamp/failure to ensure the stamping of the deeds of a named client, despite having been put in funds to do so, causing interest and penalties to arise of in or about €38,220 as at February 2008. e) Dishonestly advanced funds of in or about €47,000 to two named clients from the client ledger account of a named estate, and upon receipt of loan monies to the credit of the two named clients, failed to retain the sum of €47,000 and credit same to the account of the estate. This is in breach of regulations 9, 9(a), 9(b) and 12(2)(a). f) Misapplied and/or misappropriated monies totalling in or about €198,900 from the client ledger account of the above estate, in breach of regulation 12(1) and 12(2)(a). g) Misappropriated monies in a minimum amount of €40,500 from the client ledger account of the above estate for his own personal use and benefit, in breach of regulation 7(2)(b). h) Maintained, or caused to be maintained, false and misleading accounting records in respect of the client account of the above estate deceased, in breach of regulation 12(2)(a). i) Caused or permitted a transfer deed for a named client to be presented to the Revenue Commissioners for stamping dated 8 February 2008, when the actual date of transfer was in or about March 2007. j) Misappropriated funds of a named client of in or about €16,539.28 by lodging same to his personal ledger account for his personal use and benefit, in breach of regulations 7(2)(b) and 12(2)(a). k) Failed to open a client ledger account for the above client, having received monies outstanding to her credit from a named firm of solicitors, and failed to stamp/ensure the stamping of the deeds of the above named client, in breach of regulation 6(4)(b) and 12(2)(a).

Duties engaged

• Honesty

Documents

No documents recorded.