A solicitor who was alleged to have used client money to fund his gaming addiction has been struck off the roll of solicitors by the president of the High Court.
Patrick Delaney, who at one time practised out of Castleknock, Dublin, was found by the Solicitors Disciplinary Tribunal last March to be guilty of professional misconduct for causing an actual deficit in client funds of more than €1.53 million.
Mr Justice David Barniville was told of a further potential deficit in client funds of more than €767,401 being identified, making a total apparent deficit in the client funds in the region of €2.29 million as of September 2019.
Law Society of Ireland solicitor Mary Fenelon, who applied to the High Court for various orders including a strike-off against the solicitor, told the court that the disciplinary tribunal found Mr Delaney guilty of professional misconduct on 14 different allegations.
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She said these included that he misappropriated client funds “by engaging in a process of teeming and lading” and misappropriated money belonging to clients by way of payment to gambling websites.
Ms Fenelon said the tribunal also found that Mr Delaney had caused claims of more than €3.4 million to be made on the Law Society’s compensation fund up to May 2020, with more than €925,000 discharged as of that date.
The tribunal, which heard evidence from the society’s investigating accountant, also found Mr Delaney guilty of professional misconduct in relation to unauthorised cash withdrawals totalling €28,870 from the client account, transferring professional fees when not in funds to do so, delays in redeeming mortgages and failing to keep proper books of accounts.
Ms Fenelon said the last practising certificate for Mr Delaney was for 2019. He had been admitted to the roll of solicitors in 1995 and carried on practice as Patrick Delaney Solicitors at Parkside House, Castleknock, Dublin.
She said the disciplinary tribunal was urged to recommend a strike-off to the High Court and was told that Mr Delaney engaged in a dishonest practice, took client money and used client money to fund his gaming addiction.
Granting all the orders sought, Mr Justice David Barniville said the sanctions were there to ensure the protection of the public and maintain the reputation of the solicitors’ profession.
He also granted the further sanctions recommended and he ordered Mr Delaney to pay €11,000 in fines to the society’s compensation fund as well as €1.5 million as restitution to the society. He was further ordered to pay €12,000 towards the society’s legal costs.