High Court upholds misconduct finding against solicitor over land deal
This report is a localnews.ie summary based on public court reporting and records; sources are listed below.
The High Court upheld a misconduct finding against suspended solicitor Declan O’Callaghan over a conflict of interest in a Mayo land transaction. Mr Justice Micheál O’Higgins allowed his appeal against three other disciplinary findings. The judgment was delivered on 14 November 2025.
Nirvanna Property Holdings Ltd, run by businessman Tom Fleming, complained in 2010 about the transaction. The Solicitors Disciplinary Tribunal found all four allegations proved in June 2024 and recommended in July 2024 that O’Callaghan be struck off the roll of solicitors. The recommendation was put on hold pending his appeal.
The four allegations concerned acting for both the vendor and purchaser despite a conflict; failing to ensure payment reached the vendor before title passed; inadequate professional services; and continuing to act for purchaser Fred Preston in proceedings over the payment. O’Callaghan denied misconduct.
The judge found the conflict allegation proved beyond reasonable doubt. He said O’Callaghan should have advised Nirvanna and Fleming to obtain independent legal advice, but was not minded to conclude that he was guilty of dishonesty.
O’Callaghan accepted that his firm acted for both sides but denied impropriety. He said the transfer met Bank of Ireland security requirements for a Western Concrete loan and that €250,000 was the land valuation, not a payment due to Nirvanna. The judge held it had not been proved beyond reasonable doubt that the parties envisaged that sum being paid to Nirvanna. He also allowed the appeals concerning service and continued representation.
O’Callaghan had been suspended since 2018 over a separate Law Society investigation. The judge said he would hear submissions in the new year on costs and the appropriate sanction.
This case may have concluded differently. The outcome has not yet been confirmed by a public source we could find.