Board index » The IRISH PROPERTY BUBBLE » The Republic of Property

Post new topic Reply to topic  [ 54 posts ]  [Go to page]   Previous  1, 2, 3, 4, 5, 6  Next
Author Message
 Post subject: Re: The Legal Profession- a law onto itself
PostPosted: Thu Nov 08, 2018 12:23 am 
Offline
Nationalised
User avatar

Joined: May 3, 2007
Posts: 12101
FreeFallin wrote:
Reform, what reform!

Solicitor diverted €266,000 from clients' wills into her own accounts
https://www.independent.ie/irish-news/c ... 01015.html

Her husband, also a solicitor, committed suicide on this day last year when he found out the extent of it.

_________________
SEO Ireland. SEO Dublin.


Top
 Profile  
 
 Post subject: Re: The Legal Profession- a law onto itself
PostPosted: Sun Nov 11, 2018 11:06 am 
Offline
Neo Landlord

Joined: May 21, 2017
Posts: 214
Lefournier3 wrote:
Another report will try to rein in the compo carnival but judges do not take instruction, even from a retired President of the High Court.

The comparison with France and Germany is embarrassing. When will our continental cousins wake up to the free money which we call Whiplash? :idea:

https://www.independent.ie/irish-news/c ... 62760.html

The Personal Injuries Assessment Board has now produced a study of "whiplash" claims showing that over 70% of personal injury cases involved "whiplash" and awards in Ireland are far higher than anywhere else (most jurisdictions simply don't believe this whole "whiplash" business). It seems the minority who didn't stick in a claim for "whiplash" are either pathologically honest or went to the wrong solicitor.
https://www.piab.ie/eng/news-publicatio ... Y-DATA.pdf
Michael D'Arcy, the Minister of State responsible for insurance, threatens the judges with a referendum.
https://www.irishtimes.com/news/politic ... -1.3693638
It is true that a referendum is the only thing to rein in the judges but this idea smells of desperation - the Minister is admitting he has no leverage over judges because there is no chance of a referendum on this issue. Even if the AG could produce a wording ["Thou shalt not give shedloads of dosh to chancers"] what are the odds that the judges would take notice? Remember the bail referendum?


Top
 Profile  
 
 Post subject: Re: The Legal Profession- a law onto itself
PostPosted: Sun Nov 11, 2018 8:16 pm 
Offline
Of Systemic Importance

Joined: Sep 13, 2012
Posts: 5469
I had a serious car crash about 20 years ago, rolled into a field at about 120kph. Minor brain haemorrhage and something very like whiplash. I fixed it myself over a year or so with swimming.

So I think those sort of soft neck tissue injuries are real, whatever you choose to call them, but they don't happen with a prang.

_________________
"It's easy to confuse what is with what ought to be, especially when what is has worked out in your favour"
Tyrion Lannister


Top
 Profile  
 
 Post subject: Re: The Legal Profession- a law onto itself
PostPosted: Wed Nov 28, 2018 12:56 pm 
Offline
Of Systemic Importance

Joined: Nov 4, 2011
Posts: 6047
Location: SthDub
I hope the sons don't let this end here and pursue the case as far as it can go. What these people can get away with is astounding

https://www.independent.ie/irish-news/c ... 73075.html
Quote:
A solicitor has been found not guilty of professional misconduct after a tribunal dismissed claims there was "no paper trail" for €246,000 in fees charged to a woman she represented in two medical negligence cases.
Five allegations of misconduct against Maura Derivan arising from her actions in relation to the late Ann Waters were rejected by a Solicitors Disciplinary Tribunal yesterday.
The findings came after Ms Derivan produced a copy of a handwritten document signed by Ms Waters, in which she agreed to pay fees of €200,000 plus VAT.
The solicitor, of Derivan Sexton & Co, in Carrick-on-Suir, Co Tipperary, was also cleared of allegations that she deceived Ms Waters's two sons, took advantage of their mother's vulnerability, and seriously delayed the probate of her estate. The case against the solicitor was heard following a complaint by Ms Waters's son William, who represented himself at the tribunal.
Ms Waters received a €2.2m payout in 2012 as settlement of two medical negligence cases in which she was represented by Ms Derivan, who was also the executor of her will.
Ms Waters was in poor health and receiving dialysis at the time of the settlement.
She died in 2014. Her family subsequently learned there was just €800,000 of the settlement monies remaining.
Ms Derivan told the tribunal that after the settlement, Ms Waters asked her to hold the money for her. She said Ms Waters would come to her office and request cheques when she required money.
In the period before her death she received 68 cheques totalling €578,000 from the solicitor. Mr Waters was shocked by this as he believed his mother lived a very frugal lifestyle, only shopping in Aldi and Penneys.
A further €143,000 was paid by way of cheque to four unnamed individuals, at Ms Waters's request. Ms Derivan would not reveal the names of the recipients for reasons of solicitor-client confidentiality....
...Mr Waters said he was unaware of any agreement to pay fees and put it to Ms Derivan she had "scribbled" a solicitor and client agreement "in an effort to deceive the tribunal".

This was strenuously denied by Ms Derivan. The solicitor also denied that she or anyone else had forged Ms Waters's signature on the agreement.

Ms Derivan also said that at no stage did Ms Waters challenge the fee.

She told the tribunal she had no right to ask her client what she was doing with the cheques, which ranged in size from €5,000 to €45,000.

"It was your mother's money. She knew she didn't have a huge life expectancy. She said she was going to spend her money," said Ms Derivan.

In reaching its findings, tribunal chairman Justin Condon accepted Ms Derivan's evidence. He said there was no evidence of deception on her part or that she took advantage of Ms Waters.


Top
 Profile  
 
 Post subject: Re: The Legal Profession- a law onto itself
PostPosted: Wed Nov 28, 2018 3:09 pm 
Offline
Under CAB Investigation

Joined: Feb 24, 2008
Posts: 1639
The fact that the son was representing himself is not a great sign as regards their approach.
FreeFallin wrote:
I hope the sons don't let this end here and pursue the case as far as it can go. What these people can get away with is astounding


Top
 Profile  
 
 Post subject: Re: The Legal Profession- a law onto itself
PostPosted: Wed Nov 28, 2018 4:05 pm 
Offline
Back Home with Mammy

Joined: Oct 11, 2017
Posts: 58
FreeFallin wrote:
I hope the sons don't let this end here and pursue the case as far as it can go. What these people can get away with is astounding

https://www.independent.ie/irish-news/c ... 73075.html
Quote:
A solicitor has been found not guilty of professional misconduct after a tribunal dismissed claims there was "no paper trail" for €246,000 in fees charged to a woman she represented in two medical negligence cases.
Five allegations of misconduct against Maura Derivan arising from her actions in relation to the late Ann Waters were rejected by a Solicitors Disciplinary Tribunal yesterday.
The findings came after Ms Derivan produced a copy of a handwritten document signed by Ms Waters, in which she agreed to pay fees of €200,000 plus VAT.
The solicitor, of Derivan Sexton & Co, in Carrick-on-Suir, Co Tipperary, was also cleared of allegations that she deceived Ms Waters's two sons, took advantage of their mother's vulnerability, and seriously delayed the probate of her estate. The case against the solicitor was heard following a complaint by Ms Waters's son William, who represented himself at the tribunal.
Ms Waters received a €2.2m payout in 2012 as settlement of two medical negligence cases in which she was represented by Ms Derivan, who was also the executor of her will.
Ms Waters was in poor health and receiving dialysis at the time of the settlement.
She died in 2014. Her family subsequently learned there was just €800,000 of the settlement monies remaining.
Ms Derivan told the tribunal that after the settlement, Ms Waters asked her to hold the money for her. She said Ms Waters would come to her office and request cheques when she required money.
In the period before her death she received 68 cheques totalling €578,000 from the solicitor. Mr Waters was shocked by this as he believed his mother lived a very frugal lifestyle, only shopping in Aldi and Penneys.
A further €143,000 was paid by way of cheque to four unnamed individuals, at Ms Waters's request. Ms Derivan would not reveal the names of the recipients for reasons of solicitor-client confidentiality....
...Mr Waters said he was unaware of any agreement to pay fees and put it to Ms Derivan she had "scribbled" a solicitor and client agreement "in an effort to deceive the tribunal".

This was strenuously denied by Ms Derivan. The solicitor also denied that she or anyone else had forged Ms Waters's signature on the agreement.

Ms Derivan also said that at no stage did Ms Waters challenge the fee.

She told the tribunal she had no right to ask her client what she was doing with the cheques, which ranged in size from €5,000 to €45,000.

"It was your mother's money. She knew she didn't have a huge life expectancy. She said she was going to spend her money," said Ms Derivan.

In reaching its findings, tribunal chairman Justin Condon accepted Ms Derivan's evidence. He said there was no evidence of deception on her part or that she took advantage of Ms Waters.
So, a solicitor charging 200K plus VAT for professional services. No itemised quote or invoice available? No paper trail? Doesn't seem to be of the standard one would expect of a professional.


Top
 Profile  
 
 Post subject: Re: The Legal Profession- a law onto itself
PostPosted: Wed Nov 28, 2018 5:11 pm 
Offline
Speculator

Joined: Sep 6, 2008
Posts: 400
The sheep have to have audited accounts. Where is the revenue commission in all this and the revenue does make mistakes too. Are a lot of people asleep here, no wonder this country is only half functioning.


Top
 Profile  
 
 Post subject: Re: The Legal Profession- a law onto itself
PostPosted: Wed Nov 28, 2018 11:32 pm 
Offline
Neo Landlord

Joined: May 21, 2017
Posts: 214
Seems the heirs, successors and assignees aren't satisfied with their 2 Million Euro windfall. If anyone can win a 2.2 million Euro settlement for me, I'd happily pay them 10% as a finders' fee. 8DD

If there was any justice - no, seriously - if there was any justice, the residue of the settlement would revert to the HSE which is instead consuming limitless amounts of our taxes.


Top
 Profile  
 
 Post subject: Re: The Legal Profession- a law onto itself
PostPosted: Thu Nov 29, 2018 2:37 am 
Offline
Real Estate Developer

Joined: Jan 4, 2010
Posts: 791
Location: Talamh an Éisc
In the Waters matter, why were the sons representing themselves? Did they refuse legal representation? Is it not offered to everyone making a complaint?


Top
 Profile  
 
 Post subject: Re: The Legal Profession- a law onto itself
PostPosted: Thu Nov 29, 2018 11:10 am 
Offline
Of Systemic Importance

Joined: Nov 4, 2011
Posts: 6047
Location: SthDub
Who were the 4 cheques made out to that the Solicitor is refusing to reveal the names of? Can someone independent investigate this to verify it was valid?
We saw in the Judge Perrin case what can happen when things go wrong with money/estates


Top
 Profile  
 



Display posts from previous:  Sort by  
Post new topic Reply to topic  [ 54 posts ]  [Go to page]   Previous  1, 2, 3, 4, 5, 6  Next

    Board index » The IRISH PROPERTY BUBBLE » The Republic of Property

Who is online

Users browsing this forum: Google [Bot], obese_cat and 10 guests


You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum

Jump to:  

Follow, Retweet @dailypinster



Pyramid Built, Is Better Built! - Latest Property Discussions www.thepropertypin.com