No glee please. A few investments going south, which seemed like a good idea because everyone else was getting into property plays [one of which is near the courts] & causing you to lose everything you have earned for 20 years is quite tragic.
I don’t have a view about whether bankruptcy should be fatal to a career at the Bar. (There will probably be some variety of Beverly Cooper Flynn challenge if someone was told to vacate their desk in the Law Library in any event.) The cause of the bankruptcy should be treated separately - i.e. even if your fraudulent ways did not bankrupt you, it should still lead to you being disbarred.
Frank was also found guilty and recommended for a strike off by the law society in 1985, the judge saved him and fined him £20k which was the highest ever fine for a solicitor in the High Court at that time. He was struck off finally for other matters like a £120k client fund deficit in 1990 but in 1994 he was passing himself off as a solicitor in Lornas office
It all came out in the Supreme Court in 2001 when Frank tried to get himself struck back ON in effect …and was refused.
“IN THE MATTER OF FRANK BURKE AND LORNA BURKE CARRYING ON PRACTICE AS FRANK BURKE AND COMPANY”
I would say that between Frank and Lorna there are near 50 separate findings of misconduct by the disciplinary tribunal including at least 3 strikeoff recommendations over the years and yet it will be the Insurance Companies who will finally shut her/him/them down.
The President of the High Court said, and this should be read carefully by the bar too .
The Supreme Court went on.
and MOST pertinent if you are still reading HB
“An Isolated Act Explicable Because of Special Circumstances” …that is the defence case at the bar council for ya. PM me your learned monograph
So long as they can still get professional indemnity insurance and no complaints have been made about them it probably is better for society if they earn something and pay off their debts. But if the profession is deemed to be sufficiently special that the stigma of bankruptcy is thought to be repugnant to them continuing to practice, well that’s fine too (in fact it’s a back handed compliment from the proletariat).
I don’t see any reference to it in the Code of Conduct, but I’ve heard people talking about the fact that the Official Assignee in Bankruptcy would have to approve expenditure on your subscriptions, insurance, secretary, expense account for boozy lunches and all of the other items of expenditure necessary for a career at the Bar.