The High Court has dismissed Sean Cawley’s appeal against a Solicitors Disciplinary Tribunal finding that there was no case of misconduct against solicitor Robert Ashe. The court made no order as to costs.
The appeal concerned the Tribunal’s decision of 1 May 2013. Cawley alleged that Ashe mishandled his defence in a dispute over Maureen Regan’s will, delayed proceedings, withheld senior counsel’s advice and a costs estimate, and pressured him towards settlement by referring to potential costs.
Regan died in January 2002. Her will named Cawley, her nephew, as executor and sole beneficiary of an estate valued at €141,218.99. Two other nephews challenged the will in 2003, alleging that it was improperly executed, that Regan lacked testamentary capacity and that Cawley had exerted undue influence. The source records those as allegations in the will dispute.
Cawley retained Ashe in October 2004. Ashe’s affidavit said he was concerned about the risk of bringing the will case to a full hearing, including because Regan had lived with Cawley and his wife and Cawley had introduced her to the solicitor who prepared the will. Ashe also cited difficulties obtaining the will solicitor’s papers and the plaintiffs’ opposition to replacing the pleadings. He said he advised Cawley to seek dismissal for want of prosecution, but Cawley preferred to proceed.
The judge considered six groups of complaints, including delay, access to counsel’s advice, costs information, settlement discussions, alleged disregard of instructions and errors or omissions in a replacement defence. The judgment records Cawley’s allegations and Ashe’s responses; it does not make a separate finding on each underlying complaint. The judge concluded that Ashe’s responses were clear and adequate, and that Cawley had not shown why the Tribunal’s findings were wrong.
The High Court said it could not find on the evidence that the Tribunal had erred. It upheld the finding that there was no case of misconduct and dismissed the appeal. The judgment notes that the underlying will proceedings were withdrawn after the plaintiffs agreed to withdraw them, with each side bearing its own costs; Cawley succeeded to Regan’s estate.