Courts / Roscommon / Report

High Court censures solicitor for acting for both sides in land deal

Date
2026-01-23

Stage
Hearing Or Decision

Primary locality
Roscommon

Summary

The High Court has formally censured suspended Roscommon solicitor Declan O'Callaghan following an application by the Law Society. The decision stems from an upheld finding of misconduct regarding a 2006 Mayo land deal involving Nirvanna Property Holdings Ltd, a company run by Tom Fleming. While O'Callaghan successfully appealed three other allegations of misconduct, the court upheld one count concerning a conflict of interest. A disciplinary tribunal had previously recommended striking O'Callaghan off the roll of solicitors, a recommendation put on hold pending this appeal. The case involved a land transfer where the vendor claimed they were owed €250,000, a figure O'Callaghan argued referred to the land's valuation rather than a debt. Mr Justice Micheal O'Higgins stated that acting for both the vendor and the purchaser in the same transaction brought the profession into disrepute and represented a serious falling short of professional standards. The judge noted that O'Callaghan should have advised Nirvanna and Fleming to seek independent legal advice. Although O'Callaghan denied impropriety, citing security requirements for a Bank of Ireland loan for a joint venture with the late Fred Preston, the court found his conduct unacceptable. The Law Society nominated a censure and did not seek costs. The court ordered the censure but made no order as to the costs of the appeal.