High Court strikes solicitor from Roll despite plea for mitigation due to repeated misconduct history and unfitness.
Sintesi Legislator
Generato dall'IAThe High Court struck the respondent solicitor's name from the Roll of Solicitors, rejecting his plea for mitigation regarding the severity of the penalty. Although the solicitor admitted the findings of the Disciplinary Tribunal and presented evidence of improved mental health, the court noted his history of seven prior misconduct findings and his continued tendency to blame the Law Society. The judge concluded that the solicitor was not fit to practice, emphasizing that the rigorous regulations of the profession require full acceptance of its rules and directions.
Regesto Legislator
Generato dall'IASolicitors Acts 1954–2002; Solicitors Disciplinary Tribunal Regulations: A solicitor found unfit to practice by the Disciplinary Tribunal may be struck from the Roll of Solicitors even upon a subsequent application for mitigation, particularly where the solicitor has a history of repeated misconduct and fails to demonstrate a fundamental change in attitude or understanding of professional obligations.
Parole chiave
Generato dall'IADisposizioni normative citate
Generato dall'IATesto completo
Neutral Citation Number: [2009] IEHC 249
THE HIGH COURT
2009 14 SA
SOLICITORS DISCIPLINARY TRIBUNAL 5306 DT464/04
IN THE MATTER OF JOHN COLM MURPHY FORMERLY PRACTISING AS COLM MURPHY & COMPANY SOLICITORS, AT MARKET
STREET KENMARE, CO KERRY AND AS MURPHY’S AT 1 CHAPEL STREET, KILLARNEY, CO. KERRY
AND IN THE MATTER OF THE SOLICITORS ACTS 1954 – 2002
BETWEEN:
THE LAW SOCIETY OF IRELAND
APPLICANT
-AND-
JOHN COLM MURPHY
RESPONDENT SOLICITOR
THE HIGH COURT
2009 12 SA
IN THE MATTER OF COLM MURPHY A SOLICITOR PRACTISING AS COLM MURPHY & COMPANY SOLICITORS AT MARKET STREET
KENMARE CO. KERRY AND AS MURPHYS AT 1 CHAPEL STREET KILLARNEY CO. KERRY
AND IN THE MATTER OF AN APPLICATION OF THE LAW SOCIETY OF IRELAND TO THE SOLICITORS DISCIPLINARY TRIBUNAL
AND IN THE MATTER OF THE SOLICITORS ACTS 1954 – 2002
THE DISCIPLINARY TRIBUNAL RECORD NO. 5306 DT/464/04
BETWEEN:
COLM MURPHY
APPELLANT
-AND-
THE LAW SOCIETY OF IRELAND
RESPONDENT
Judgment of Johnson P. delivered on the 18th day of May 2009.
1. It having been agreed that both these applications could conveniently be taken together this joint ruling applies in
respect of both. In the contents of the affidavit sworn by Mr. Murphy in the case in which he is the plaintiff and sworn on
the 23rd February, 2009 at para. 2 thereof he points out that he accepts fully the findings of the Disciplinary Tribunal but
then goes on to say a number of exculpatory matters which would appear at times conflicting.
2. This being so the elements to be decided by the two applications is as to whether or not the penalty imposed by the
Law Society or the Disciplinary Tribunal of the Law Society in this instance was appropriate or whether or not it was too
severe.
3. The reality is that Mr. Murphy’s application is by way of a plea in mitigation to limit the severity of the penalty imposed.
4. On his behalf Mr. Nicks said that he had apologised for what he had done and basically indicated that the situation
arose because he felt aggrieved as a result of the treatment of the Law Society. He stated that he never misappropriated
any funds and that would appear to be correct insofar as no funds are missing.
5. However, Mr. Murphy in his Affidavit appeared to try and shift the blame for many of the misfortunes which he has had
onto the Law Society and others. He has also indicated he received treatment from Dr. Lucey and there is a medical
report to that effect available to the Court which has been accepted.
6. In addition his wife gave evidence to the effect that he has been attending Dr. Lucey on eighteen occasions and that
since this he has improved in his attitudes very much. She also gave evidence to the effect that his moods had changed
dramatically over the period prior to that and this obviously contributed to the situation he finds himself in.
7. However, as Mr. McDermott pointed out, throughout his Affidavit Mr. Murphy continues to blame the Incorporated Law
Society and others for his troubles and whereas he admits the findings of the Law Society he appears to continue to try
and justify his decisions. It is impossible to avoid the fact that Mr. Murphy had on seven previous occasions been found
guilty of misconduct by the Law Society. He has appeared before me on a number of occasions in recent years and I
came to the conclusion that he never appeared to understand the fact that the laws applied to him, rules applied to him
and directions of the Court and the Law Society apply to him.
8. The regulations imposed by the Law Society are extremely rigorous, I appreciate, but those are the terms and
conditions under which people practice as solicitors and if a person is not willing or capable of accepting these rules and
regulations then there is no place for them in the profession.
9. As Mr. McDermott clearly pointed out the tribunal have recommended to the Court that Mr. Murphy is not a fit person
to be a solicitor. He has been before my predecessor Mr. Justice Finnegan, President of the High Court and his attitude to
him does not in any way assist him. Mr. Murphy appears through Mr. Nix to indicate that he has been suffering from a
mental condition for some time but I am not satisfied on the evidence before me that his attitude to the Incorporated Law
Society is changed despite the evidence given by his wife.
10. Under those circumstances I make the following orders:-
1. An order striking the name of the respondent solicitor John Colm Murphy otherwise Colm Murphy from the Roll of
Solicitors and
2. An order for the costs of the Solicitors Disciplinary Tribunal and the costs of this Court.