The High Court has struck off a solicitor for professional misconduct, including for misrepresenting himself as a partner in a law firm when he was not.
John Martin Carr (57), formerly practising in Rhatigan and Co, Liosbaun House, Tuam Road, Galway, had a "history of misdemeanours", the president of the High Court, Mr Justice Nicholas Kearns, said.
A Solicitors’ Disciplinary Tribunal had recommended last April that Mr Carr be struck off over misconduct in relation to professional undertakings given by him, on behalf of clients, in 2008 to two financial institutions. He had admitted failure to comply with an undertaking given by him for a client to Bank of Ireland Mortgages in November 2008. He also admitted signing the undertaking misrepresenting himself as a partner in William Davis and Co, the firm where he was working, when he was not a partner.
He failed to comply with another undertaking, also given in November 2008, on behalf of two clients to Springboard Mortgages and again misrepresented himself as a partner. On both occasions he did not hold a solicitor’s practising certificate. He had also admitted failure to comply with undertakings given to ACC in 2006 and AIB in 2007.
Paul Anthony McDermott, for the Law Society, said Mr Carr had a history dating to 1990 when the High Court limited his practising certificate. That history included an admonishment and €3,000 fine in 2009 for a 10-year delay in dealing with a client and a suspension in 2012 for failure to comply with conditions of his practising certificate.
Mr Carr appealed to the High Court to impose a lesser penalty than a strike-off and asked Mr Justice Kearns to allow him continue to work as a solicitor on the basis he would not have any involvement in conveyancing matters. He had been given the opportunity by the Law Society to comply with the undertakings to the financial institutions and had done so, he said.
The likelihood of him gaining other employment was limited, he was 57 and had dependants, he said. There had been no duplicity or deception involved in the matters against him, he added.
Mr Justice Kearns said, having regard to Mr Carr’s “previous history of misdemeanours”, he did not think the Law Society was being disproportionate in recommending a strike-off order. However, the Law Society would be failing its members and the public if it did not act and be seen to be acting, the judge said.