Irish Independent

Suspended solicitor faces inquiry over allegation­s of negligence

- Shane Phelan

SUSPENDED solicitor Declan O’Callaghan is facing a lawsuit and a separate disciplina­ry tribunal over alleged profession­al negligence.

The Solicitors Disciplina­ry Tribunal had been due to hear complaints by businessma­n Tom Fleming and his son Sean against the Co Roscommon solicitor next week.

However, the tribunal yesterday agreed to an applicatio­n from Mr O’Callaghan’s barrister Michael Mullooly to defer its hearing of the matter until after a High Court civil action, dealing with similar issues, is heard in May. The tribunal is set to investigat­e allegation­s Mr O’Callaghan purported to act for both the vendor and purchaser in a transactio­n where there was a clear conflict of interest and provided inadequate profession­al services.

The case is one of a number against Mr O’Callaghan likely to come before the tribunal.

Last month, the suspended solicitor consented to High Court orders freezing his accounts below €1.062m.

Yesterday, Mr Mullooly sought an adjournmen­t until after civil proceeding­s brought by the Flemings and a company called Nirvanna Property Holdings Limited have been heard.

He argued his client would be prejudiced if the tribunal took place first. He also said he wanted to avoid a situation where the tribunal would be “a dry run” for the civil action.

Tribunal chairman Philip Joyce agreed to an adjournmen­t, saying it would ensure there was “no prejudice against any party”.

The applicatio­n was opposed by Tom Fleming, who said his

complaints had been before the tribunal for eight years.

Mr O’Callaghan was suspended last year arising from concerns raised in an independen­t solicitor’s report, including that he had withdrawn substantia­l fees from the estate of a bereaved child.

Mr O’Callaghan reimbursed some €344,000 in fees to the child’s estate, after accepting they were excessive. He has consistent­ly denied any dishonesty.

Last month, the High Court heard the Law Society was concerned the deficit in the client account of his former practice may be almost €1m.

 ??  ?? Facing tribunal: Solicitor Declan O’Callaghan
Facing tribunal: Solicitor Declan O’Callaghan

Newspapers in English

Newspapers from Ireland