The High Court suspended solicitor Rody Kelly Corrigan from practice for 12 months after he admitted misconduct involving client funds, but declined the Law Society of Ireland’s request to strike him off the Roll of Solicitors.
In a judgment delivered on 26 June 2023, Mr Justice David Barniville set the suspension to run from 27 April 2023, when the Society’s application was issued, expiring on 24 April 2024. If Corrigan seeks to practise after that period, he must apply for a practising certificate and may work only as an assistant solicitor, employed under the direct control and supervision of a solicitor with at least ten years’ standing approved in advance by the Society. He cannot practise alone or in partnership, or have access to client funds. The conditions will apply to every practising certificate he obtains after suspension.
The judge also gave the Society liberty to re-enter the proceedings immediately to seek a strike-off if Corrigan breaches the restrictions or commits any further act of dishonesty. Corrigan was ordered to pay €1,152 towards the Society’s Tribunal costs and €3,554, including stamp duty, for its High Court application costs. The judgment said the matter would be listed for mention on 3 July to confirm the final orders.
The disciplinary case followed a 2019 investigation into a client-account deficit. Corrigan admitted taking €17,500 from the settlement proceeds of one client’s case to pay debts, including professional and household expenses. He then used money provided by another client, who was buying an apartment in Dublin, to repay that amount. He also admitted withholding €7,380 in fees due to senior counsel. The Tribunal found him guilty of the alleged misconduct after he accepted the allegations.
The apartment purchase could not close with the funds available. The Society’s Compensation Fund paid €58,466.43 in respect of the client, and Corrigan later reimbursed the Fund. He also paid the outstanding senior counsel fees before December 2019. The judgment records that the Tribunal recommended restrictions on practice and no access to client funds, but not a strike-off. The Society sought a strike-off in the High Court.
In deciding the sanction, Barniville said dishonesty involving client funds would almost invariably lead to a strike-off. He found the admitted conduct extremely serious, but concluded that striking Corrigan off would be disproportionate in the exceptional circumstances. He cited his difficult family and financial circumstances, remorse, early admissions, full cooperation, restitution, lack of previous disciplinary proceedings and supportive professional testimonials. He also considered that the Tribunal’s restrictions alone would not sufficiently reflect the seriousness of the misconduct.