Declan McEvoy

Allegation / charges

In the matter of Declan McEvoy, solicitor, formerly practising as principal of William Early Solicitors, 1 Haymarket, Carlow, and JM McEvoy & Co, Solicitors, The Avenue, Gorey, Co Wexford, and in the matter of the Solicitors Acts 1954-2011 [6228/DT186/12; 6228/DT187/12 and High Court record no 2014/84 SA] Law Society of Ireland (applicant) Declan McEvoy (respondent solicitor) On 21 November 2013, the Solicitors Disciplinary Tribunal found the respondent solicitor guilty of misconduct in his practice as a solicitor in that he, in relation to the Wexford practice: a) On or around 31 July 2011, permitted a deficit of in or around €133,000 to arise on the client account, which was due or partly due to the withdrawal of client moneys from one or more client accounts without authority and not for the benefit of clients, in contravention of regulation 7(1) of the Solicitors Accounts Regulations 2001-2006 (SI 421 of 2001 as amended), b) In or around the period September 2010 to 31 July 2011, withdrew moneys from client accounts other than as permitted, in contravention of regulation 8(4) of the Solicitors Accounts Regulations , c) In or around 31 July 2011, failed to maintain, as part of his accounting records, proper books of account that showed the true financial position in relation to his transactions with clients moneys and/or with moneys transacted by him through the client account, in breach of regulation 12(1) of the Solicitors Accounts Regulations . In relation to the Carlow practice: a) As of 31 July 2011, permitted a deficit of in or around €501,878 to arise in the client account, which was due or partly due to the withdrawal of clients moneys from one or more client accounts without authority and not for the benefit of clients, in breach of regulation 7(1) of the Solicitors Accounts Regulations , b) Withdrew moneys from the client account other than moneys permitted and in breach of regulation 8(4) of the Solicitors Accounts Regulations , c) As of 31 July 2011, permitted debit balances to occur on the client side of client ledger accounts of in or around the sum of €525,302, in breach of regulation 7(2)(a) of the Solicitors Accounts Regulations , d) Failed to maintain proper books of account, in breach of regulation 12(1) of the Solicitors Accounts Regulations . The tribunal ordered that the matter go forward to the High Court and the President of the High Court, on 14 July 2014, made the following orders: a) That the name of the respondent solicitor be struck from the Roll of Solicitors, b) That the respondent solicitor make restitution to the Society, being the amount in respect of payments made by the compensation fund arising from the respondent solicitor’s practice, c) That the Society do recover the costs of the proceedings before the High Court and the Solicitors Disciplinary Tribunal as against the respondent solicitor when taxed or ascertained.

Duties engaged

• No improper use of client money
• Accounting records, reconciliation and reports
• Account for interest on client money

Documents

No documents recorded.