Post new topic Reply to topic  [ 54 posts ]  Go to page Previous  1, 2, 3, 4  Next
Author Message
 Post subject: Re: The Legal Profession- a law onto itself
PostPosted: Thu Aug 02, 2018 4:36 am 
Offline
Real Estate Developer

Joined: Jan 4, 2010
Posts: 783
Location: Talamh an Éisc
slasher wrote:
https://www.irishtimes.com/news/crime-and-law/courts/high-court/solicitor-repays-344-000-in-extortionate-fees-he-paid-himself-from-child-s-estate-1.3540317


Such outstanding work deserves a retrospective review of similar cases, say ten years at least. What is planned?


Top
 Profile  
 
 Post subject: Re: The Legal Profession- a law onto itself
PostPosted: Sat Aug 11, 2018 2:07 pm 
Offline
Nationalised

Joined: Sep 29, 2010
Posts: 8760
Location: London, innit
https://www.irishtimes.com/news/crime-a ... 2?mode=amp

Irish Times piece.

Quell surprise... Bollox solicitor is a Fianna Fail stalwart


Top
 Profile  
 
 Post subject: Re: The Legal Profession- a law onto itself
PostPosted: Wed Aug 15, 2018 4:51 am 
Offline
Nationalised
User avatar

Joined: Apr 1, 2010
Posts: 10822
slasher wrote:
https://www.irishtimes.com/news/crime-a ... -1.3540317

Quote:
A solicitor who paid himself what an independent solicitor described as “extortionate” fees of €344,000 out of a child’s €454,840 estate has reimbursed that sum, the High Court has heard... The regulation of practice (RTP) committee of the Society will hear details of the proposals next week to decide if they are adequate or whether the Society should proceed with its application to suspend the solicitor from practice pending a hearing before the Solicitors Disciplinary Tribunal (SDT).

:evil:
even Peter Kelly acquiesces in the face of legal profession cuntery

I'm probably being ridiculously naive, but I'm hoping he has yer man pegged for a crooked cunt and just needs to let the proper procedures take their course**. Meanwhile, it turns out the solicitor's missus is up to her bollicks in it too has at least a tangential relation to the affair also (edited after noting there are no charges laid). She was the office manager and cheque signer in the same firm, and has also had to resign by court order. Get this though, she's also a former national treasurer for Fianna Fáil and member of its Ard Chomhairle, and current director of organisation for the Roscommon-Galway constituency. Big kerfuffle at the AGM of the constituency FF as they're looking to boot her out too ...

https://www.irishtimes.com/news/politic ... -1.3596444

Oh, and on a quick Google of yer man, I nearly glossed over this which I thought was the same case but is actually another with an almost identical MO...

https://www.independent.ie/irish-news/c ... 72444.html

He took over a quarter of another estate in fees, claiming he had authorisation to do so when he didn't, and again with a big chunk of fees "in anticipation" of litigation that didn't actually take place. The widow involved only got suspicious when she heard through the media that yer man was being investigated in the other case.


** EDIT: ok, looks like I was ridiculously naive. Judge Kelly didn't strike off another solicitor and allowed her to continue to practice under supervision after a finding of professional misconduct against her for "causing a deficit" of €259,000 on a client account. (Interesting term for transferring money without authorisation).

_________________
"Prediction is very difficult, especially about the future" – Niels Bohr


Top
 Profile  
 
 Post subject: Re: The Legal Profession- a law onto itself
PostPosted: Tue Oct 30, 2018 8:31 pm 
Offline
Nationalised
User avatar

Joined: Apr 1, 2010
Posts: 10822
Another fine upstanding gentleman of the legal profession caught bilking his client to the tune of €650k.

https://www.rte.ie/news/courts/2018/103 ... ley-court/

_________________
"Prediction is very difficult, especially about the future" – Niels Bohr


Top
 Profile  
 
 Post subject: Re: The Legal Profession- a law onto itself
PostPosted: Tue Oct 30, 2018 10:01 pm 
Offline
Real Estate Developer

Joined: Jan 4, 2010
Posts: 783
Location: Talamh an Éisc
The Irish fondness for secrecy helps the lawyers. We need more people to come forward and show what they paid and exactly what services they got for that money.

Another disturbing feature of our learned friend from Roscommon above was that there had been previous misunderstandings in the distant past:

Quote:
The Irish Times has established that in the early 1990s, an audit of Declan O’Callaghan’s affairs, carried out by Jim O’Dowd, a chartered accountant and investigator who works for the Law Society, prompted the society to take action. According to sources familiar with events, O’Dowd found that O’Callaghan had obtained credit under false pretences – by obtaining, from three separate lending institutions, three mortgages, amounting collectively to some IR£100,000, and all on a single undertaking. There was also evidence of numerous other breaches to Law Society rules regarding client accounts. The ledger account (the written record of client monies held) did not match what was in the bank. The Law Society disciplinary body held an inquiry and, in lieu of striking O’Callaghan off the solicitors’ registry (known as the roll), recommended to Mr Justice Liam Hamilton, then president of the High Court, that he be curtailed professionally.

By order on March 22nd, 1991, O’Callaghan’s certificate was limited to allowing him practise as a solicitor only under a more senior and experienced solicitor of good standing, for a period of three years. The idea of this system is that the errant solicitor is mentored back to proper behaviour. O’Callaghan was made foot the bill for the tribunal that heard his case and, after serving his restricted three years (the Law Society did not, but could have, examined him further), severed ties with his mentoring solicitor and resumed practice as the principal of his own firm, Kilrane O’Callaghan of Pound Street. It was some 20 years before the wheels came off again.....

....On Monday, May 8th, Roscommon Racecourse played host to the Kilrane O’Callaghan & Company Solicitors Handicap – seven horses chasing a total purse of €12,000. The winning horse was named Bottle of Smoke. But around this time, the Law Society took a look inside Kilrane O’Callaghan and Jim O’Dowd (the same forensic accountant who examined O’Callaghan some two decades previously) didn’t like what he saw.

https://www.irishtimes.com/news/crime-a ... 2?mode=amp



So the same accountant came back more than twenty years later to find, well, more of the same. He would be forgiven for wondering if he were a character in The Third Policeman or Groundhog Day.

By contrast, my experiences with Canadian lawyers so far have been uniformly positive - timely and cheaper than expected. Even a supposedly dodgy one gave me no trouble. In addition, a request to administer an estate was dealt with by a judge here in less than a week from the time we sent in the paperwork. He hates delays.


Top
 Profile  
 
 Post subject: Re: The Legal Profession- a law onto itself
PostPosted: Wed Oct 31, 2018 12:23 am 
Offline
Under CAB Investigation

Joined: Feb 1, 2008
Posts: 2892
Location: God's Country
Memory moment: Lawyers must be different, says insolvency spoofer

Quote:
On Monday, Jim Stafford, insolvency expert and PIP, or personal insolvency practitioner, explained to RTÉ that his job will be “to try and keep the family in their family home if at all possible. The PIP will have to assess the existing mortgage on the home, if it’s a modest house, if it’s a trophy house.”
So far, so fair enough. In Ireland, the “family home” is the most sacred of sacred cows, after all. But there was more. “In practice, the PIP will also have to assess the type of house that might be needed for a professional person such as a solicitor, accountant or a hospital consultant, as opposed to a house that’s needed by someone who is in the PAYE sector for example,” Jim explained helpfully.
“So that, as a PIP, I would be making a very strong case, for example, that a solicitor should have a bigger house that accords with his professional status in society so that his neighbours and clients can see that, yes, this person is a good solicitor who is living in a good house etc, etc.”

https://www.irishtimes.com/news/politic ... -1.1527030


Top
 Profile  
 
 Post subject: Re: The Legal Profession- a law onto itself
PostPosted: Thu Nov 01, 2018 1:31 pm 
Offline
Under CAB Investigation

Joined: Oct 22, 2007
Posts: 1904
Why is that beak not being done for theft? If I rob a bank, get caught and give the moeny back can I get a slap on the wrist too?

_________________
No tool is omnicompetent. There is no such thing as a master-key that will unlock all doors.
--Arnold Toynbee

If you want to improve, be content to be thought foolish and stupid.
--Epictetus


Top
 Profile  
 
 Post subject: Re: The Legal Profession- a law onto itself
PostPosted: Thu Nov 01, 2018 3:04 pm 
Offline
Nationalised
User avatar

Joined: Apr 1, 2010
Posts: 10822
tulip wrote:
Why is that beak not being done for theft? If I rob a bank, get caught and give the moeny back can I get a slap on the wrist too?

You are forgetting the societal pecking order. In the special unwritten rules for solicitors it's not theft if you felt you were entitled to it.

_________________
"Prediction is very difficult, especially about the future" – Niels Bohr


Top
 Profile  
 
 Post subject: Re: The Legal Profession- a law onto itself
PostPosted: Fri Nov 02, 2018 10:38 am 
Online
Too Big to Fail
User avatar

Joined: Aug 21, 2009
Posts: 4522
Location: Mesopotatia
Must be the week for it

Quote:
A solicitor took a €246,000 fee with no proper paper trail from a woman whom she had represented in two medical negligence cases, it was alleged yesterday.

William Waters, the son of Ann Waters, who died aged 50 in 2014, has taken his case against lawyer Maura Derivan to the Solicitors Disciplinary Tribunal.

At a hearing yesterday, Mr Waters, from Carrick-On-Suir, Co Tipperary, questioned the validity of documents in the case and his mother's signature on them.

Ms Waters received a €2.2m payout in January 2012 as settlement for two medical negligence cases in which she was represented by Ms Derivan, who denies the allegations against her.

Her senior counsel, Jack Fitzgerald, told the tribunal that she would be giving evidence to support her case.

Mr Fitzgerald produced a hand-written "solicitor and client agreement" which he said was created on the day Ms Waters settled the negligence cases in January 2012 and signed by her that March.

It showed Ms Waters had agreed to fees of €200,000 plus VAT, to cover the historical case and opinion work done for her, he said.

Mr Waters, who has no legal representation in the case, said that he had no previous knowledge of the document and said it "could have been jotted down yesterday".

He questioned the validity of his mother's signature on it.

Mr Williams also questioned what happened to a sum of €578,500, which was given to his mother in 61 cheques for sums ranging from €5,000 to €45,000 after the settlement.

...


https://www.independent.ie/irish-news/c ... 84452.html

_________________
The real damage is done by those millions who want to 'get by'. The ordinary men who just want to be left in peace. Those who don’t want their lives disturbed by anything bigger than themselves. Those with no sides and no causes. Those who won’t take measure of their own strength, for fear of antagonizing their own weakness. Those people who roll up their spirits into tiny little balls so as to be safe. Safe?! From what?
Sophie Scholl


Top
 Profile  
 
 Post subject: Re: The Legal Profession- a law onto itself
PostPosted: Wed Nov 07, 2018 11:10 am 
Offline
Of Systemic Importance

Joined: Nov 4, 2011
Posts: 6009
Location: SthDub
Reform, what reform!

Solicitor diverted €266,000 from clients' wills into her own accounts
https://www.independent.ie/irish-news/c ... 01015.html
Quote:
A tribunal has recommended a solicitor be struck off after a Law Society investigation found she diverted €266,000 of client funds into her personal bank accounts.

The siphoned-off cash included sums left in a will to charity and a priest.

The Solicitors Disciplinary Tribunal heard Donegal solicitor Moya O'Donnell misappropriated and misused client funds between 2012 and 2017 and produced falsified documentation in an attempt to conceal her actions.

These included a letter purporting to be from the Revenue Commissioners, and a false record of an electronic fund transfer payment.


Top
 Profile  
 
 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: 12057
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
Single Home Owner

Joined: May 21, 2017
Posts: 196
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: 5364
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: 6009
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  
 
Display posts from previous:  Sort by  
Post new topic Reply to topic  [ 54 posts ]  Go to page Previous  1, 2, 3, 4  Next


Who is online

Users browsing this forum: No registered users and 8 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:  

Click for Latest Posts LATEST POSTS Click for Forum List FORUMS   

Follow, Retweet @dailypinster

  

Pyramid Built, Is Better Built!