Judgment: 2017-03-10 · Court archive

High Court strikes solicitor off Roll over false stamp duty returns

The court imposed the ultimate sanction after a disciplinary tribunal found multiple instances of professional misconduct, including knowingly false returns. It accepted that the solicitor admitted the conduct and that clients suffered no monetary loss.

High Court · [2017] IEHC 122

Who, what, where, when and why

Who
  • Law Society of Ireland (Applicant)
  • David Herlihy (Respondent)
What

The court imposed the ultimate sanction after a disciplinary tribunal found multiple instances of professional misconduct, including knowingly false returns. It accepted that the solicitor admitted the conduct and that clients suffered no monetary loss.

Where

Places mentioned in the report

  • New Zealand
When

Judgment:

Why

Reasons reported in the judgment

The High Court directed that David Herlihy be struck off the Roll of Solicitors after finding that this was necessary to maintain public confidence in the profession. The order followed disciplinary findings that included six knowingly false stamp duty returns and repeated failures involving client funds and professional obligations.

The High Court directed that David Herlihy be struck off the Roll of Solicitors after finding that this was necessary to maintain public confidence in the profession. The order followed disciplinary findings that included six knowingly false stamp duty returns and repeated failures involving client funds and professional obligations.

The judgment, delivered by President of the High Court Mr Justice Kelly on 10 March 2017, concerned the Law Society of Ireland’s application for a strike-off. A Solicitors Disciplinary Tribunal had found professional misconduct but recommended that Mr Herlihy be allowed to practise only as an assistant solicitor, under direct supervision by an approved solicitor of at least 10 years’ standing. It also recommended a €5,000 contribution towards the Society’s costs.

The tribunal’s findings included eight occasions when Mr Herlihy failed to apply money collected from clients towards stamp duty or registration fees, and five occasions when he failed to take adequate steps over loan documents showing a purchase price higher than the contract price. It also found failures concerning statutory requirements, anti-money-laundering legislation, committee directions and correspondence. The judgment records the tribunal’s finding that he had made deeds backdated by up to six years.

Mr Herlihy accepted the findings in an affidavit to the High Court, described his conduct as serious professional misconduct and expressed remorse. He said he had been under work and financial pressure, and acknowledged that he had left Ireland for New Zealand after a committee hearing in May 2013. The tribunal recorded that he had left his practice and clients in difficulties. The Society argued that the misconduct involved dishonesty, breaches of trust and a substantial number of serious failures, and that striking him off was the appropriate sanction.

The court considered the tribunal’s recommendation, Mr Herlihy’s admissions and remorse, and the Society’s submissions. It also noted that no client had suffered monetary loss and that the Compensation Fund would have no liability arising from the misconduct. However, the court found multiple lapses of integrity, probity and trustworthiness, with an element of premeditation. It concluded that the supervised-practice sanction would not be sufficient to maintain public confidence and directed that Mr Herlihy be struck off the Roll.

The order was the High Court’s sanction on the Society’s application. The judgment does not report a criminal conviction or impose a criminal sentence.

Read the original court judgment

Something looks wrong?

Highlight the relevant passage or flag this article for review. Review requests do not immediately change the report.

Email a correction request

Request a review