Judgment: 2009-05-18 · Court archive

High Court strikes Kenmare and Killarney solicitor Colm Murphy off the Roll

High Court · [2009] IEHC 249

Who, what, where, when and why

Who
  • John Colm Murphy
  • Law Society of Ireland
  • Mr Justice Johnson
What

High Court strikes Kenmare and Killarney solicitor Colm Murphy off the Roll

Where

Places mentioned in the report

  • Market Street
  • High Court
When

Judgment:

Why

Reasons reported in the judgment

However, President of the High Court Mr Justice Johnson noted that Mr Murphy continued in his affidavit to attribute many of his difficulties to the Law Society and others. The judge said Mr Murphy had previously been found guilty of misconduct on seven occasions and had appeared before the High Court on a number of occasions in recent years.

The High Court has ordered that solicitor John Colm Murphy, who practised in Kenmare and Killarney, be struck off the Roll of Solicitors following disciplinary proceedings brought by the Law Society of Ireland.

Mr Murphy, also referred to as Colm Murphy, had practised as Colm Murphy & Company Solicitors at Market Street, Kenmare, and as Murphy's at Chapel Street, Killarney.

The court dealt together with a Law Society application and an appeal brought by Mr Murphy concerning the sanction recommended following proceedings before the Solicitors Disciplinary Tribunal.

Mr Murphy accepted the tribunal's findings. His case before the High Court was therefore effectively a plea in mitigation, seeking a less severe penalty.

The court heard that no client funds were missing and that Mr Murphy had apologised. Evidence was also given that he had received medical treatment and that his behaviour and attitudes had improved. His wife told the court that she had observed significant changes after treatment.

However, President of the High Court Mr Justice Johnson noted that Mr Murphy continued in his affidavit to attribute many of his difficulties to the Law Society and others. The judge said Mr Murphy had previously been found guilty of misconduct on seven occasions and had appeared before the High Court on a number of occasions in recent years.

The Solicitors Disciplinary Tribunal had recommended that Mr Murphy was not a fit person to remain a solicitor. The High Court accepted that outcome.

Mr Justice Johnson said the Law Society's rules were rigorous but formed part of the conditions under which solicitors practise. A solicitor unwilling or unable to comply with those rules had no place in the profession, he said.

The court ordered that Mr Murphy's name be struck from the Roll of Solicitors. It also ordered him to pay the costs of the Solicitors Disciplinary Tribunal and the High Court proceedings.

Read the original court judgment

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