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Court of Appeal dismisses appeal from High Court, and affirms order dismissing appeal from a finding of misconduct by the Solicitors Disciplinary Tribunal (SDT), where the solicitor in question had threatened to destroy the file of former clients if they did not pay fees claimed by him, on the grounds that: (a) no fees were due to the solicitor in circumstances where a claim for them had been dismissed by the Circuit Court, and an appeal to the High Court withdrawn; (b) the file was the property of the former clients and the solicitor had no lien over it in circumstances where no fees were due; and (c) as the solicitor had not challenged the jurisdiction of the SDT at the time of the inquiry, he could not challenge it at a later stage.
Costello J (nem diss): Decision of Solicitors Disciplinary Tribunal - finding of misconduct - threat to destroy file unless costs paid - appeal to High Court - s.7 of the Solicitors (Amendment) Act 1960 (as amended) - Order 53 of the Rules of the Superior Courts - appeal dismissed by High Court - action for medical negligence arising from death of son - contract of retainer - contingency fee - attempt to vary contract of retainer - 'section 68 letter' - proposed fixed hourly rate - not accepted by clients - application to come off record - bill of costs served - €37,725 - claim for costs in Circuit Court - unsuccessful - no order to return file - appeal to High Court unsuccessful - complaint to Law Society - refusal to hand over files following order to do so - threat to destroy file - threat made in writing to former clients and to Law Society - jurisdiction of tribunal to hear complaint - failure to challenge jurisdiction at outset of inquiry.
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