The High Court has dismissed Elizabeth Shannon’s appeal against a finding that solicitor M.J. Carter was not guilty of professional misconduct arising from work connected with her late mother’s estate.
The Solicitors Disciplinary Tribunal had rejected Ms Shannon’s complaint on 25 November 2009. She appealed that decision to the High Court, placing extensive affidavit evidence before the court.
Ms Shannon, described in her affidavit as a non-practising solicitor, farmer and substitute teacher, had retained Mr Carter for advice concerning the family farm of her late mother, Hilda Shannon.
Her complaints included claims that Mr Carter failed to retain senior counsel despite instructions to do so, did not arrange a requested meeting with junior counsel and failed to seek an injunction against her brother. She also alleged that his fees were excessive and that he had concealed counsel’s advice concerning proceedings brought under section 117 of the Succession Act challenging her mother’s will.
Mr Carter denied those allegations. He maintained that he had never been instructed to engage senior counsel and that the section 117 proceedings were the appropriate route on the information supplied to him.
The dispute also extended to an assault prosecution involving Ms Shannon’s brother. Ms Shannon alleged that Mr Carter, who had been asked to maintain a watching brief, had failed to keep her informed and had acted in collusion with others against her interests. The disciplinary tribunal found no basis for that complaint.
Mr Justice Kearns likewise rejected the allegations. He said the claim that Mr Carter had colluded against Ms Shannon in the assault matter was manifestly groundless and found that her proceedings displayed a continuing pattern of unfounded suspicion toward the solicitor.
The judge also rejected her challenge concerning the section 117 advice and declined requests to join the Law Society as a notice party or hear further evidence, finding that the disciplinary tribunal had already examined the matter comprehensively.
The appeal was dismissed as wholly devoid of merit, with an order that Ms Shannon pay Mr Carter’s costs.