Charles O'Neill

Allegation / charges

In the matter of Charles O’Neill, a solicitor formerly practising as Cathal O’Neill & Company, Solicitors, 10 Church Avenue, Rathmines, Dublin 6, and in the matter of the Solicitors Acts 1954-2008 [2707/DT81/09 and High Court record no 2011 no 64 SA] Law Society of Ireland (applicant) Charles O’Neill (respondent solicitor) On 7 April 2011, the Solicitors Disciplinary Tribunal found the respondent solicitor guilty of misconduct in his practice as a solicitor in that he: a) Failed/neglected to furnish to the complainant the information requested by him in relation to the disposal of his property in Wexford, b) Failed to account to the complainant in relation to the balance of proceeds of sale of the property in Wexford for the period of 12 January 2005 to 13 July 2007, c) Through his failure to account to his client for the balance of sale proceeds or to furnish the information required by the client in relation to the disposal of the property in Wexford, failed to protect the interests of his client, d) Failed, refused or neglected to transfer title deeds in respect of two other properties in Wexford in a timely manner, e) Failed to provide a written explanation to the complainant for not handing over the title deeds to the complainant’s new solicitors in a timely manner, f) Gave an assurance to the complainant in an email dated 8 August 2008 to the effect that he would finally deal with the problems at (a), (b) and (c) above during the weekend of 8 August 2008, which assurance he did not carry out, g) Failed to reply adequately to the complainant’s correspondence by email on several occasions from 20 June 2008 onwards, h) Failed to reply or instruct his solicitor to reply to the Society’s letters dated 18 August 2008, 1 September 2008, 17 September 2008 and 1 October 2008, i) In his failure to correspond or instruct his solicitor to correspond with the Society, obstructed the Society’s investigation into the complaint. The tribunal recommended that: a) The respondent solicitor is not a fit person to be a member of the solicitors’ profession, b) The name of the respondent solicitor be struck off the Roll of Solicitors, c) The respondent solicitor pay the whole of the costs of the Society, to be taxed by a taxing master of the High Court in default of agreement. The tribunal ordered that the matter be brought before the High Court and, on 27 June 2011, the President of the High Court ordered that: 1) The name of the respondent solicitor, Charles O’Neill, be struck from the Roll of Solicitors, 2) The Society do recover as against the respondent solicitor the costs of the proceedings before the High Court when taxed and ascertained, 3) The Society do recover as against the respondent solicitor the costs of the Solicitors Disciplinary Tribunal proceedings, to include witness expenses when taxed and ascertained.

Duties engaged

• Full disclosure on ex parte applications
• No improper communication with the court
• Complaints procedure and handling
• No conflict between current clients
• Handle inadvertently received material
• Safeguard documents and limit liens

Documents

No documents recorded.