The High Court has ordered solicitor Patrick Enright struck off the Roll of Solicitors after adopting a disciplinary tribunal’s recommendation. The court said the sanction was necessary to maintain public confidence in the profession, although it was not intended as further punishment or to prevent a likely repeat of dishonesty.
The Law Society of Ireland applied for the order following the Solicitors Disciplinary Tribunal’s finding that Mr Enright was not fit to remain a member of the profession. The tribunal had recommended his removal after finding professional misconduct arising from his criminal convictions and imprisonment.
The judgment records that Mr Enright forged ten health insurance claims in 1994, using the fictitious identity of a doctor. The claims sought payment for medical expenses that had not been incurred, with the money directed to post office boxes. The amount involved was about £12,000, which the judgment says had been repaid to the insurance company.
Mr Enright pleaded guilty to all ten forgery offences during his 2013 trial at Tralee Circuit Court and served a one-year prison sentence. The tribunal later heard his admission of misconduct and submissions in mitigation, including testimonials from former clients. He also told the tribunal that he had practised for more than 20 years after the offences without problems in audits or complaints from clients.
His counsel argued that striking him off would be disproportionate, pointing to his admissions, repayment, client support and long record of practice without criticism. The Law Society argued that removal was required, emphasising the ten dishonesty convictions and the tribunal’s recommendation. The court considered authorities cited by both sides, including cases involving other forms of solicitors’ misconduct.
The High Court took account of the completed criminal sentence, Mr Enright’s admissions and his later practice. It said another offence of dishonesty was highly unlikely, so suspension or removal was not needed to prevent repetition. But the court concluded that a lesser sanction would not sufficiently protect the profession’s reputation and sustain public confidence in its integrity.
The court therefore gave effect to the tribunal’s and Law Society’s recommendation and ordered Mr Enright’s name struck off the Roll of Solicitors. It noted that restoration to the Roll may be possible in some circumstances, but did not specify what conditions would apply.