Case No. 5849Misappropriation of client funds · Co. Cavan

High Court gives Law Society control of Cavan solicitor's accounts over client funds deficit

In November 2022, €239,500 was apparently transferred without authorisation from a client account at Ronan O'Brien & Co Solicitors, Church Street, Cavan, to another solicitor firm. The Law Society began its investigation in February 2024 after a complaint about over €300,000 held by the firm from the sale of a property in Virginia, Co Cavan. The investigating accountant found an apparent deficit of €245,650 in client funds as of January 31st, 2024, and a Law Society committee found the solicitor had been dishonest in his practice. In May 2024, the High Court gave the Law Society control of the firm's client accounts, books and records, and the solicitor, who consented, was suspended from practising. The judge said the solicitor's explanations had made his position "even worse" and that he was not satisfied with the account given of the client funds.

  1. Reportednot reported
  2. Arrestednot reported
  3. Chargednot reported
  4. In court17 May
  5. Verdict
  6. Sentenced
reportedhappened, not reportedlatest stagenot yet

Key facts

consolidated from all reports
What happened
  • The complaint concerned over €300,000 held by the firm from the sale of a property in Virginia, Co Cavan.
  • An apparently unauthorised payment of €239,500 was transferred from the client account to another solicitor firm in November 2022.
  • A €105,000 transfer from a client account to the firm's office account appeared on the client ledger as a payment to the client.
  • The investigating accountant found an overall apparent deficit of €245,650 in client funds as of January 31st, 2024.
Where
The firm, Ronan O'Brien & Co Solicitors, had a practice on Church Street, Cavan.
When
The Law Society began its investigation in February 2024 after being notified of the complaint.
Investigation
The Law Society committee found the solicitor had been dishonest in his practice.
Other details
  • The solicitor said he paid €239,500 to Start Mortgages from office account money he described as personal funds.
  • The solicitor made very serious admissions, effectively of dishonesty, and admits all of the committee's findings against him.
  • The judge was not satisfied the solicitor had given a full account of the client funds, and said his explanations implicated a wholly innocent third-party solicitor firm.
In court
Mr Justice David Barniville made orders giving the Law Society control of the firm's client accounts, books and records, saying control was needed to protect client money.
Sentence
The solicitor consented to a suspension order and was suspended from practising.
Charges
No criminal charge is mentioned in the reports.
14 statements extracted from the articles
  • whatThe complaint concerned over €300,000 held by the firm from the sale of a property in Virginia, Co Cavan. (irishtimes.com)
  • whatAn apparently unauthorised payment of €239,500 was transferred from the client account to another solicitor firm in November 2022. (irishtimes.com)
  • whatThe investigating accountant found an overall apparent deficit of €245,650 in client funds as of January 31st, 2024. (irishtimes.com)
  • whatA €105,000 transfer from a client account to the firm's office account appeared on the client ledger as a payment to the client. (irishtimes.com)
  • whereThe firm had a practice on Church Street, Cavan. (irishtimes.com)
  • whenThe Law Society began its investigation in February after being notified of the complaint. (irishtimes.com)
  • investigationThe Law Society committee found the solicitor had been dishonest in his practice. (irishtimes.com)
  • courtMr Justice David Barniville made orders enabling the Law Society to take control of the firm's client accounts, books and records. (irishtimes.com)
  • courtThe judge said the Law Society needed control to ensure client money is protected. (irishtimes.com)
  • sentenceThe solicitor was suspended from practising. (irishtimes.com)
  • otherThe solicitor consented to the suspension order. (irishtimes.com)
  • otherThe solicitor said he paid €239,500 to Start Mortgages from office account money he described as personal funds. (irishtimes.com)
  • otherThe solicitor made very serious admissions, effectively of dishonesty, and admits all of the committee's findings. (irishtimes.com)
  • otherThe judge was not satisfied the solicitor had given a full account of the client funds. (irishtimes.com)

The reporting

newest first
  1. 17 May2024
    Suspended solicitor’s explanation over client account deficit makes situation ‘even worse’, says High Court president

    Reports High Court orders giving the Law Society control of the firm's accounts and records, the suspension of solicitor Ronan O’Brien, a deficit of €245,650 in client funds, and the judge's doubts about his explanations. No criminal charge is mentioned.

    suspect, Ronan O'Brien, named, irish (judged from name)Ronan O'Brienvictim