Solicitor is warned to appear in court or face going to jail
A SUSPENDED solicitor who allegedly owes a law firm €70,000, has been ordered to appear before a district court next month.
The law firm represented Declan O’Callaghan when the Law Society suspended him from practice, but the relationship with the firm soured, the High Court previously heard.
A clerk at Ballaghaderreen, Co. Roscommon, has now ordered Mr O’Callaghan to appear before the court at noon on September 9.
The summons warns that if he does not appear, he may be issued with a further summons which could lead to his arrest and imprisonment for up to three months.
Mr O’Callaghan must also fill out a statement of means, which outlines his current financial status and submit it to the court at least a week before his appearance.
His creditors, John O’Dwyer and Evan O’Dwyer of Bridge Street, Ballyhaunis, Co. Mayo made the application to the court.
The court clerk noted that John and Evan O’Dwyer claim that Galway District Court made an order on December 11, 2018, directing Mr O’Callaghan to make the €70,000 payment to them.
The summons lists Mr O’Callaghan’s address as unknown and says he was formerly living at Ardeeven, Ballaghaderreen, Co. Roscommon.
In 2018, the High Court heard that John O’Dwyer, a solicitor who had acted for Mr O’Callaghan in Law Society proceedings taken against him, had sought to no longer represent him.
Because the solicitor had never formally represented him, or ‘come on record’, it was unnecessary to make that order, the court heard. The judge in the case expressed concern about the circumstances in which Mr O’Dwyer had sought to come off record. It appeared Mr O’Dwyer felt he was not being given the ‘full picture’ and trust had broken down.
Last January, the High Court refused to grant an order blocking an inquiry into a company’s allegations of professional misconduct against Mr O’Callaghan.
Judge Anthony Barr said he was satisfied the Solicitors Disciplinary Tribunal had acted ‘reasonably, logically and in accordance with the dictates of fairness and justice’.
Mr O’Callaghan denies allegations made against him concerning the sale of lands in Co. Mayo 16 years ago.
It is alleged that he purported to act for both vendor and purchaser in the deal.
The High Court suspended Mr O’Callaghan from practising in July 2018.