Solicitor who felt 'out of his depth' avoids jail for theft and forging documents

Sonya McLean

A solicitor who felt out of his depth and overwhelmed after he set up his own practice has been given a two-year suspended sentence for theft and forging documents.

Raphael Gilmore (53), of Dundela Haven, Sandycove, Dublin, pleaded guilty at Dublin Circuit Criminal Court to possession of false instruments on dates between August 2017 and November 2018 and to theft in July 2016. A total of €28,000 had been stolen.

Detective Garda Robert Tomkin told Diana Stuart BL, prosecuting, that Gilmore’s Dublin practice was subject to audit by the Law Society in 2017 when there was a deficit noticed in a client account.

Gilmore, who is originally from Galway, then provided a forged accountant document and a forged bank statement in an attempt to explain the deficit, but it was very obvious that the documents were forgeries.

The detective said four clients had provided Gilmore with money to pay revenue for stamp duty after they had availed of his services as a conveyance solicitor. Gilmore retained the cash in order to make up the shortfall in a client account and never paid their stamp duty.

During garda interview Gilmore said he was “in dire straits” at the time. The revenue debts have since been discharged.

Det Gda Tomkin agreed that the case was “at its heart” down to Gilmore’s mismanagement and inability to run his own practice. He accepted that he had intended to pay the client’s stamp duty but ran out of funds to pay it.

He further accepted that he ran into issues when he overpaid another client.

Michael Bowman SC, defending, said his client has acknowledged that what he did was illegal and that his behaviour was “crazy”.

He said his instructions were that Gilmore did not intend to deceive clients and that he believed he was going to sort it out.

Counsel said Gilmore accepts that the money was missing as a result of his own “recklessness and negligence”.

“He was out of his depth and felt overwhelmed,” said Mr Bowman.

Judge Martin Nolan said Gilmore set up his own practice but was “unprepared for the enterprise”.

He could not deal with the situation and as money became available he was taking from Peter to pay Paul. He said it escalated and then Gilmore provided forgeries in an attempt to cover it up.

Judge Nolan accepted that these were “acts of desperation” and that Gilmore was out of his depth.

“It is a serious matter for a solicitor to take from clients and mislead the society,” Judge Nolan said before he acknowledged that Gilmore had no previous convictions and is remorseful.

He accepted that since Gilmore has now been struck off, it would be difficult for him to obtain employment before he added that it was not a case for an “immediate custodial sentence”.

Judge Nolan imposed a two-year sentence, which he suspended in full on strict conditions.