Gary O’Flynn

Allegation / charges

In the matter of Gary O’Flynn, a solicitor formerly practising as Gary O’Flynn, Solicitors, Unit 9 Nof Commercial Centre, Old Mallow Road, Cork, and in the matter of the Solicitors Acts 1954-2015 [10549/DT20/16 and High Court record 2018 13 SA] Law Society of Ireland (applicant) Gary O’Flynn (respondent solicitor) On 26 September 2017, the Solicitors Disciplinary Tribunal found the respondent solicitor guilty of professional misconduct in that he: 1) Was convicted before Cork Circuit Criminal Court on 28 May 2014 of 13 counts of making a gain or causing a loss by deception, contrary to section 6 of the Criminal Justice (Theft and Fraud Offences) Act 2001 , having pleaded not guilty to each count. For these offences, the respondent solicitor was sentenced in respect of each count to a term of imprisonment of three years, to date from 28 May 2014 and to run concurrently, with the final two years of each term to be suspended for a period of two years on the respondent solicitor agreeing to be bound to keep the peace for the said period. 2) Was convicted before Cork Circuit Criminal Court on three counts of soliciting another person to murder an individual on a date or dates unknown between 1 October 2012 and 13 February 2013 inclusive, contrary to section 4 of the Offences Against the Person Act 1861 , and was sentenced in respect of each count to a term of imprisonment of five years, with the terms of imprisonment to date from 9 February 2015, to run concurrently, and with the final two years of each term to be suspended for a period of two years on the respondent solicitor agreeing to be bound to keep the peace for the said period. 3) Was convicted before Cork Circuit Criminal Court on two counts of making a gain or causing a loss by deception, contrary to section 6 of the Criminal Justice (Theft and Fraud Offences) Act 2001 . For these offences, the respondent solicitor was sentenced to a term of imprisonment of two years, to date from 9 February 2015. 4) Was convicted before Cork Circuit Criminal Court on two counts of using an instrument that he knew or believed to be a false instrument with the intention of inducing another person to accept it as genuine, and by reason of so accepting the said instrument, to do some act or to make some omission or to provide some service to the prejudice of that person or any other person, contrary to section 26 of the Criminal Justice (Theft and Fraud Offences) Act 2001 . For these offences, the respondent solicitor was sentenced to a term of imprisonment of three years, to date from 9 February 2015. 5) Has, through his criminal convictions, brought the solicitors’ profession into disrepute. The tribunal ordered that the matter go forward to the High Court and, on 16 April 2018, in High Court proceedings 2018 no 13 SA, the High Court made orders that: 1) The respondent solicitor’s name be struck off the Roll of Solicitors, 2) The respondent solicitor pay a contribution of the sum of €6,000 towards the costs of the Law Society of Ireland in the Solicitors Disciplinary Tribunal proceedings, 3) The respondent solicitor pay measured costs of the Law Society of Ireland in respect of the High Court application in the sum of €5,362.97 within three months of the order.

Duties engaged

• Honesty
• Uphold public trust in the profession

Documents

No documents recorded.