The High Court suspended solicitor Thomas D’Alton from the Roll of Solicitors until 1 April 2020 after he admitted professional misconduct that included using client money to meet personal and office liabilities. The court replaced the Solicitors Disciplinary Tribunal’s recommendation that he be struck off with a suspension and restrictions on any later practice.
The admitted misconduct included a client-account deficit of €54,860 at the end of April 2016, later reduced by €8,000; using €10,000 of client money to help pay a personal Revenue liability; and taking money from several estates to reduce the practice’s office overdraft. The tribunal also found misconduct over a €5,000 transfer from the client account to the office account, a €5,002 debit balance on a client’s account and failures to comply with anti-money-laundering legislation in files examined. D’Alton also admitted failing to file an accountant’s report by the required deadline.
The tribunal had cited five previous disciplinary findings, including failures involving undertakings and correspondence, and earlier failures to provide accountant’s reports. It recommended striking him off. On the High Court application, D’Alton did not dispute the underlying facts but challenged that recommendation.
In mitigation, D’Alton apologised and accepted responsibility. He said the client-account deficit had been cleared by August 2016, his practice closed in November 2017, and no client was out of pocket or expected to claim on the Compensation Fund. Medical evidence described serious and prolonged health problems during the relevant period. The judgment said the Society did not contest that evidence. It also considered his family responsibilities and evidence that supervised employment might be available.
The court said striking him off would be disproportionate in the unusual circumstances, particularly in light of the medical evidence, which had not been put before the tribunal. It assessed the risk of repetition as virtually nil and said the conditions imposed would reduce that risk to zero.
D’Alton may receive a practising certificate after the suspension, but for seven years following his restoration he may work only as an employed solicitor, under a supervisor approved in advance in writing by the Law Society. He may give undertakings only with that supervisor’s prior written consent and may not have drawing rights on the client or other accounts of his practice. If he breaches a condition, the proceedings may be re-entered on 48 hours’ notice, with a view to an immediate order striking him off. The court said the sanction did not relax its duty to maintain public confidence in the profession.