The High Court has ordered solicitor Christopher B. Walsh not to practise as a sole practitioner or in partnership. He may practise only as an assistant solicitor, employed under the direct control and supervision of a solicitor with at least 10 years’ standing approved in advance by the Law Society of Ireland.
In a judgment delivered on 30 March 2023, President of the High Court David Barniville made the order after considering a report from the Solicitors Disciplinary Tribunal. The Tribunal had found professional misconduct in two respects: Walsh’s failure to comply with an undertaking given for AIB’s benefit, and his failure to respond adequately or at all to 10 Society letters sent between May 2019 and July 2021. Walsh admitted the misconduct before the Tribunal.
The undertaking was given in March 2003 in connection with a loan for the purchase of an apartment in Dublin. It required Walsh to complete legal formalities so the borrower obtained good marketable title free of encumbrances except AIB’s charge, and to hold and deliver title documents for AIB. The issue remained unresolved during the Tribunal inquiry and when the Society first brought its application to the High Court.
AIB’s solicitors confirmed on 10 March 2023 that Walsh had been released from the undertaking. The related assignment and charge had been registered, and the original title deeds were held by AIB’s solicitor. The judge considered that resolution, but said the court was not bound by the Tribunal’s recommendation. He nevertheless accepted it, citing the delay, the need to protect clients and other parties, and Walsh’s prior disciplinary record: 16 previous misconduct findings across six proceedings, along with findings concerning failures to file reporting accountant’s reports.
Walsh apologised and accepted responsibility. He referred to a personal difficulty and a mistake about where the deed should be registered. He also said the restriction would effectively prevent him from working and that he intended to retire after completing outstanding work. The judge considered those matters but concluded that a lesser sanction would be excessively lenient. The judgment states there was no suggestion or finding of dishonest behaviour in this case.
The court also ordered Walsh to pay €7,551.50 towards the Society’s Tribunal costs, €2,000 to the Compensation Fund and €3,700.50 in agreed costs of the High Court application. It deferred ancillary orders until the parties had considered the judgment, directing that no order be drawn up in the meantime. The matter was listed for further submissions and finalising orders on 17 April 2023.