The High Court has ordered Pamela Treacy’s former solicitors to hand over files needed for her long-running property proceedings concerning a licensed premises and dwelling in Baltinglass, Co Wicklow.
Miss Justice Laffoy directed that the documents be transferred to Treacy’s new solicitors within seven days once they give undertakings protecting the former firm’s lien. A solicitor’s lien is a right to retain a client’s papers as security for unpaid legal fees.
The underlying case began in 2001. Treacy is challenging a deed which her late mother, Mary Josephine McDonagh, purportedly executed to sever their joint ownership of the Baltinglass property. The merits of that dispute were not decided in this judgment.
Malcomson Law had acted for Treacy for several years. Following a consultation in September 2007, the firm said it could no longer continue because of differences over how she wished to advance the case. The court treated the position as one where the solicitors had terminated their retainer for good reason.
A separate dispute then arose over costs. The former solicitors delivered a bill in December 2007 totalling €57,926.62. After crediting €12,442.68 already paid, they claimed a balance of €45,483.94. Treacy disputed the bill and complained to the Law Society.
The court found she had been unjustified in refusing until the hearing to consent to taxation of the costs. However, it rejected the former solicitors’ request that she provide additional financial security before receiving the files.
Instead, the judge ordered the bill to be taxed on a solicitor-and-client basis and required Treacy to cooperate in that process. Her new solicitors must preserve the former firm’s lien, return the papers if requested when the proceedings end, and actively prosecute the case.