Barry Murphy

Allegation / charges

In the matter of Barry Murphy, a solicitor formerly practising as Eugene Carey & Company, Solicitors, Courthouse Chambers, Mallow, Co Cork, and in the matter of the Solicitors Acts 1954-2011 [12724/DT90/16 and High Court record 2017 no 60 SA] Law Society of Ireland (applicant) Barry Murphy (respondent solicitor) On 18 May 2017, the Solicitors Disciplinary Tribunal found the respondent solicitor guilty of misconduct in his practice as a solicitor in that he: 1) Caused or allowed a minimum deficit arise on the client account in the sum of €432,442.89, as at 30 June 2016, 2) Made unauthorised withdrawals from the client account to a personal account of €384,210, in breach of regulation 7(1), 3) Paid office expenses of €10,697.39 from the client account, in breach of regulation 7(2)(b), 4) Failed to ensure that paid cheques were being returned to the practice, in breach of regulation 20(1)(f), 5) Caused or allowed debit balances to arise on the client account in the sum of €2,582.62, in breach of regulation 7(2)(a), 6) Failed to keep proper books of account, in breach of regulation 12(1) of the Solicitors Accounts Regulations 2001 , to show the true position in relation to client liabilities, 7) Failed to prepare a balancing statement on the client account for 31 December 2015 within two months of this date, in breach of regulation 12(7). The tribunal ordered that the matter should go forward to the High Court and, on 24 July 2017, on consent, the High Court ordered that: 1) The name of the respondent solicitor shall be struck from the Roll of Solicitors, 2) The respondent solicitor do pay to the applicant the costs of the proceedings before the Solicitors Disciplinary Tribunal inclusive of outlay, as measured in the sum of €1,714.50, but that the execution and registration of these costs be stayed for a period of 12 months from the date of the making of this order, 3) The respondent solicitor pay to the applicant the costs of the within proceedings inclusive of outlay, as measured in the sum of €1,816, but that the execution and registration of these costs be stayed for a period of 12 months from the date of the making of this order.

Duties engaged

• No improper use of client money
• Prompt accounting and return of money
• Accounting records, reconciliation and reports
• Account for interest on client money
• Not misrepresent regulated status

Documents

No documents recorded.