A MIDLANDS solicitor suspended from practising law and whose bank accounts have been frozen told the High Court that he had “never benefited from” or had never “taken money” from his client account.
Last week the High Court granted the Law Society various orders against solicitor Mr Eamon Comiskey after it was informed that its Complaints and Client Relations Committee formed the opinion that he was guilty of dishonesty and misconduct.
The committee has referred the matter to the Solicitors’ Disciplinary Tribunal.
The committee, which considers complaints against solicitors, came to that opinion arising out of allegations that the solicitor engaged in a “systemic practice” of failing to use money received from the sale of properties to discharge mortgages affecting those properties.
In a statement to the court yesterday, Mr Comiskey, of Eamon P Comiskey Co Solicitors a sole practitioner at Ballycarnan, Portlaoise, Co Laois, told Mr Justice John Hedigan that he wished to “state categorically” that he had “never taken one penny from a client account”.
He added that he had “always maintained” his files, which he said are “complete and intact”. The court also heard that Mr Comiskey, a married man with two children, had health problems due to the serious pressure of the allegations against him, and had been unable to obtain legal representation.
Yesterday, Mr Justice Hedigan, in adjourning the case, agreed to vary the freezing orders, following an application by Mr Comiskey, to allow the solicitor draw down €900 per week for expenses.
The judge also extended time to early October, in order to allow Mr Comiskey prepare affidavits disclosing information concerning his assets and one of explanation.
The judge refused Mr Comiskey’s request to have yesterday’s hearing held in camera, or to impose reporting restrictions.
The matter will now go before the President of the High Court in October.
Paul Anthony McDermott, for the Law Society, said Mr Comiskey, whose practice is located in the family home, had been “very helpful” since the orders against him were made.
The Law Society sought the orders as a result of a number of complaints made against the solicitor, dating back to last October.
In its proceedings it claims that Mr Comiskey had been giving the sale proceeds to the property vendors, and leaving the buyer of that property with an undischarged mortgage on the title.
It claims that Mr Comiskey was not discharging mortgages, that no purchase monies at all seemed to be going through his client accounts, and yet he seemed to be giving undertakings in respect of the transactions to discharge mortgages from the said purchase monies.
It is also claimed that undertakings to discharge the mortgages are being done by Mr Comiskey but not from funds received in respect of the transaction in question but with other funds.
Last week as well as freezing all his bank accounts and suspending him from practising, Mr Justice Éamon de Valera made orders preventing Mr Comiskey from disposing of any assets in his possession or within his procurement.