Solicitor struck off following multiple lapses of required standards of integrity

Solicitors – disciplinary tribunal – application to have respondent solicitor struck off - Disciplinary Tribunal made findings of professional misconduct – did not recommend that he be struck off – recommended that he not be permitted to practise as a sole practitioner or in partnership and that he be permitted only to practise as an assistant solicitor under the direct control and supervision of another solicitor of at least 10 years' standing to be approved in advance by the Society – recommended that he be fined the sum of €5,000 as a contribution towards the whole of the costs of the Society – Law Society takes the view that the sanction recommended by the Disciplinary Tribunal is inadequate - inquiry into the conduct of the respondent on the grounds of alleged misconduct – made admissions - he made stamp duty returns which he knew to be false on six different occasions - failed to apply monies collected from one or more clients towards the discharge of stamp duty and or registration fees - failed to take any or any adequate steps when he knew or ought to have known that documentation relating to a loan bore a purchase price in excess of that which appeared in the contract - failed to comply either adequately or at all on one or more occasions with the requirements of s.68(1) of the Solicitors (Amendment) Act 1994 - failed on one or more occasions to comply with the requirements of the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 - failed to comply adequately or at all with the directions given by the relevant Society’s committee - failed to reply adequately to correspondence from the Society -cooperated with the Law Society – mental health difficulties - accepted the findings of professional misconduct – apologised -assured the court that he will not engage in such dishonest conduct again - losses to the taxpayer - dishonesty strikes at the heart of the solicitor/client relationship – in total improperly held sums of about €72,000 – members of the public are entitled to repose complete trust in a solicitor when consulting him or her - standards which can be reasonably expected from a member of that profession - only appropriate sanction in these circumstances is that the solicitor should have his name struck off the Roll of Solicitors - purpose of the sanction - maintain the reputation of the solicitors’ profession – judicial comity and consistency - where dishonesty is established on the part of a solicitor then no matter how strong the mitigation is a strike off will almost invariably follow – proportionality - whether it can be said that the lesser penalty recommended by the Disciplinary Tribunal is one which would be sufficient to maintain public confidence in the solicitors’ profession whilst at the same time doing justice to the solicitor and upholding the good name of the Society –multiple lapses of standards of integrity, probity and trustworthiness - level of premeditation - ultimate sanction of the solicitor being struck off is necessary if the reputation of the solicitors’ profession to be trusted is to be maintained – solicitor ordered to be struck off the Roll of Solicitors.