Application by Cormac P. Glynn, a Solicitor

• Jurisdiction: Ireland
• Judge: Mr. Justice Frederick Morris
• Judgment Date: 13 February 2001
• Neutral Citation: 2001 WJSC-HC 2885
• Date: 13 February 2001
• Court: High Court

2001 WJSC-HC 2885

THE HIGH COURT

Frederick Morris

Record No. 2 S19/1981

GLYNN (A SOLICITOR), RE

IN THE MATTER OF THE SOLICITOR'S ACTS 1954/ 1960

IN THE MATTER OF CORMAC P. GLYNN ASOLICITOR

APPLICANT

Citations:

SOLICITORS ACT 1960 S10

SOLICITORS ACT 1994

BURKE T/A FRANK BURKE & CO, IN RE UNREP SUPREME 9.2.2001

SOLICITORS ACT 1960 10(4)

Synopsis:

Solicitors

Solicitors; application for restoration to role of solicitors; applicant applying to court to have remaining conditions removed from his practising certificate; obligation on Law Society to make full disclosure in any circumstance where it is required to provide a certificate or reference for a solicitor; whether applicant had demonstrated that he is a fit and proper person to practice as a solicitor; whether applicant must prove this by showing that he practised as a solicitor in accordance with limited certificate; whether a solicitor's practising certificate should only be sought in circumstances to enable applicant to engage in practice as a solicitor; whether Law Society both entitled and bound to disclose applicant's history if and enquiry is made of it at any future date; Solicitor's Act 1960.

Held: Application allowed.

Glynn, In re - High Court: Morris P. - 13/02/2001

The applicant sought the removal of certain conditions attached to his practising certificate. The President of the High Court, Mr. Justice Morris held that on the basis of the applicant's undertakings the remaining conditions would be removed from the applicant's certificate.

1 Judgment of Mr. Justice Frederick MorrisDelivered on the 13th February 2001

2 This matter comes before the Court as an application pursuant to Section 10 of the Solicitor's Act 1960and the Regulation made thereunder. The Applicant seeks an Order "confirming the restoration of the Applicant to the role of solicitors but without conditions attached to the holding of a Practising Certificate or his Registration."

3 The hearing of this Application was in two parts. The first took place in Cork on Monday 15th January because the Applicant had come over from America for the hearing on that date. His evidence was taken and the balance of the application adjourned to the 12th February 2001 to enable the views of the Law Society to be obtained. These views are now available and have been expressed by Counsel. The Law Society opposes the application.This matter first came before the court by way of petition dated the 5th May 1981. In these proceedings the Law Society sought that the Applicant's name be struck off the role of solicitors and other reliefs. By Order dated the 22nd June 1981 Finlay P., as he then was, ordered that the Applicant's name be struck off the role of solicitors and gave the Law Society liberty to advertise the making of the Order and he provided for the payment of the costs of the Law Society by theApplicant.

4 The matter which gave rise to the complaint against the Applicant was a practice of "teaming and lading" which had been adopted by the Applicant when he was a partner in the solicitor's firm which was run by his family. The Applicant has at all stages admitted that he engaged in this practice.

5 The matter was re-entered by way of Notice of Motion dated 14th October 1985 in which the Applicant sought to have his name restored to the role of solicitors. On this petition Hamilton P., as he then was, made the Order sought on the 11th November 1985 but he attached four conditions which were:

6 (1) The solicitor does not practise on his own account or with any other person or persons but should practise as an assistant solicitor only with a firm to be approved by the Law Society.

7 (2) Subject to the foregoing the solicitor would be entitled to put his name on the Legal Aid panel and to carry on criminal legal aidwork.

8 (3) The Solicitor is not to handle client's money.

9 (4) The Solicitor is not to accept employment in any capacity or be in association with Patrick Hogan & Company or any practice carried on by his father, Brendan M. Glynn or his brother John M. Glynn.

10 The matter was further entered before the Court by Notice of Motion dated the 11th December 1989 when the Court made an Order removing the 4th condition.

11 The matter now appears before the Court on foot of Notice of Motion dated the 4th January 2001 in which the Applicant seeks to have the remaining three conditions removed from his practising certificate.

12 In support of his application the Applicant has submitted to the Court that the original difficulties arose not through any default on his part but simply because his workload was such that he became over stretched. He submitted that immediately when he was requested to do so, he discontinued practising and when the work on hands was completed every penny was accounted for and nobody was at a loss. He submitted that any shortfall was made up out of fees outstanding to him at the relevant time and that accordingly if anybody was at a loss it was he. He submitted that there had been no call on the Law Society compensationfund.

13 He next submitted that for the last twenty years he has paid the penalty for his transgressions. In that time he has carried on valuable charitable work and for the last eight years has worked successfully in the United States of America being entrusted with the management of client's financial affairs and has demonstrated his capacity for work and his trustworthiness. He submits that his employment record establishes his credibility.

14 He puts forward the following humane grounds for requiring that his full practice certificate be...