Solicitor who allowed deficit in client funds is struck off

A solicitor who admitted allegations of professional misconduct, including allowing a deficit of €213,309 in client funds, has been struck off the roll of solicitors.

The president of the High Court, Ms Justice Mary Irvine, made the strike-off order, on consent, in respect of Raphael M Gilmore, previously practising as Gilmore Solicitors, Bridge Street, Ringsend, Dublin.

Mr Gilmore previously accepted the society had no option but to seek a strike-off order in light of the findings against him.

In an affidavit to the court on Monday, Mary Fenelon, a solicitor with the society's regulatory legal services section, said Mr Gilmore was admitted to the roll of solicitors in 1999, and his last practising certificate was for the year ending December 31st, 2017.

She said the solicitors’ disciplinary tribunal heard a complaint against Mr Gilmore in January 2020, and made findings of misconduct.

She said Mr Gilmore had admitted the allegations of misconduct, and admitted those amounted to professional misconduct.

Among various findings, the tribunal found Mr Gilmore failed to keep proper books of account in breach of the solicitors accounts regulations, and had allowed a deficit of €213,309 in client funds as of November 11th, 2018.

It also found he had failed to stamp and register 10 deeds despite being in funds to do so, and had misled the society and its regulation of practice committee by producing a false closing accountant’s report and by denying that report was false.

Two accounts

Other findings included he had misled the committee by stating deficits on two accounts had been cleared when that was not the case. His indication that one deficit was cleared had prompted a decision that a loan of €295,000 received from a relative of his was to be repaid, the tribunal also found.

Other findings included he had allowed an undated letter to be submitted to the society and committee which was later shown to be falsified and had submitted a falsified office bank account statement to his reporting accountant.

As a result of the findings, the tribunal recommended the matter be forwarded by the society to the president of the High Court with a recommendation that he be struck off the roll.