The High Court has struck Patrick E. Callanan off the Roll of Solicitors after finding that he engaged in repeated, premeditated dishonesty over several years, including by giving false mortgage-related certificates and undertakings to lending institutions.
The Law Society of Ireland had asked the court to strike him off following findings of professional misconduct by the Solicitors Disciplinary Tribunal (SDT). The tribunal recommended a limited practising certificate, restrictions on access to client-account cheques, and disclosure of its findings to prospective employers. It also directed payments towards the Compensation Fund, the Law Society’s costs and a former partner’s expenses.
Mr Justice Kelly, President of the High Court, said the court was not bound by the SDT’s recommendation. He concluded that it gave too much weight to Mr Callanan’s admission of guilt and that the scale and extent of the dishonesty made striking him off necessary to protect confidence in the profession.
The misconduct findings concerned certificates issued in 2004 stating that Mr Callanan’s sister was employed by his firm as a law clerk and earned specified amounts. The judgment says she had never worked there. The certificates were provided to lending institutions to help her obtain a mortgage. Her mortgage was granted and serviced, and the court said no financial loss resulted.
The tribunal also found that Mr Callanan gave multiple undertakings concerning a property at Carraig Brooke, Carrickmacross, purporting to grant lenders a first charge over it. The property already secured an Ulster Bank mortgage. Mr Callanan’s former partner signed the undertakings without knowing they were false, and was exposed to substantial financial risk and distress, the judgment says. Proceeds from the sale of property in China ultimately discharged the liabilities, and no loss was incurred.
The judge described the undertakings as the more serious part of the misconduct, saying they were knowingly incapable of performance and had been used to persuade financial institutions to advance large sums on the mistaken belief that their lending was secured. He considered mitigating matters, including Mr Callanan’s early admission, cooperation, lack of prior disciplinary record, the absence of financial loss and the period he had already been barred from practice. He also considered his concerns about the effect of a strike-off on his employment prospects.
The court rejected Mr Callanan’s offer of a perpetual undertaking never to seek a practising certificate, finding that it would not provide the same public reassurance as a strike-off. It ordered that his name be removed from the Roll of Solicitors. It did not order a payment to the Compensation Fund because it had suffered no loss. Mr Callanan was ordered to pay €5,000 towards the Law Society’s costs before the SDT and €2,000 to Enda P. O’Carroll for his attendances before the tribunal.