Judgment: 2026-06-11 · Court archive

High Court strikes Dublin solicitor Eugene Kearns off Roll after misconduct findings

High Court · [2026] IEHC 411

Who, what, where, when and why

Who
  • Eugene Kearns
  • Mr Justice David Barniville
  • Legal Practitioners Disciplinary Tribunal
  • Margaret Kiernan
What

High Court strikes Dublin solicitor Eugene Kearns off Roll after misconduct findings

Where

Places mentioned in the report

  • High Court
When

Judgment:

Why

Reasons reported in the judgment

The most serious finding concerned €46,853.47 including VAT deducted in advance from the estate of Margaret Kiernan on 22 occasions between 2013 and 2022. The Tribunal found there were no formal invoices on file and no indication that the fees had been agreed or authorised by the client.

The High Court has ordered solicitor Eugene Kearns, formerly practising from Lower Abbey Street in Dublin city centre, to be struck off the Roll of Solicitors following multiple findings of professional misconduct.

Mr Justice David Barniville, President of the High Court, made the order on 11 June 2026 following a recommendation from the Legal Practitioners Disciplinary Tribunal.

The most serious finding concerned €46,853.47 including VAT deducted in advance from the estate of Margaret Kiernan on 22 occasions between 2013 and 2022. The Tribunal found there were no formal invoices on file and no indication that the fees had been agreed or authorised by the client.

The judgment expressly states that dishonesty was not alleged or found. However, the Tribunal regarded taking fees without legal authority over a number of years as extremely serious misconduct. It also noted that the money had not been repaid and that Kearns had not made a promised court application to determine his entitlement to the fees.

Further findings concerned failures to provide required information about legal costs, repeated non-attendance before the Law Society's Regulation of Practice Committee and deficiencies in anti-money-laundering systems. These included failures to complete business and client risk assessments and to maintain required policies, controls and records.

Kearns did not attend either the substantive disciplinary inquiry or the High Court application. The Tribunal considered mitigation referring to health difficulties, financial pressure, the demands of sole practice and mental-health impacts, but found it carried limited weight.

It also considered three earlier misconduct findings involving late accountant reports. Fines and costs ordered in those cases had not been paid.

Barniville P held that lesser sanctions, including suspension, supervision or practice restrictions, would not adequately protect the public. He ordered Kearns struck off and directed him to pay €3,762 for the Tribunal proceedings and €3,254 for the High Court application.

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