Law Society censure of Roscommon solicitor formally approved by High Court

Suspended Roscommon solicitor Declan O'Callaghan has been formally censured at the High Court on foot of an application made by the Law Society over an upheld finding of misconduct arising out of a 2006 Mayo land deal.

Last November, Mr O'Callaghan successfully appealed three allegations of misconduct relating to the same transaction but the court upheld one count of misconduct. A disciplinary tribunal had previously decided to strike Mr O'Callaghan off based on its findings.

The case related to the solicitor's handling of the land transfer where the vendor claimed they were owed €250,000.

However, while the appeal court was "deeply unimpressed" at Mr O'Callaghan's conduct when representing both sides of the sale, Mr Justice Micheal O'Higgins said he was not minded to conclude that the solicitor was guilty of dishonesty.

The solicitors' tribunal had upheld the complaints against Mr O'Callaghan made in 2010 by Mayo company Nirvanna Property Holdings Ltd, run by businessman Tom Fleming, and recommended that Mr O'Callaghan be struck off the roll of solicitors.

Their July 2025 recommendation of striking him off the roll of solicitors was put on hold pending the outcome of the appeal.

Mr O'Callaghan took his appeal against Nirvanna Property Holdings Ltd, who were represented by barrister Ruadhán Ó Ciaráin BL, instructed by Pádraig Langsch solicitor, with the Law Society named as a notice party in proceedings.

Mr O'Callaghan appealed the tribunal's findings that he acted for both the vendor and the purchaser in a conflict of interest; that he provided inadequate professional services and that he continued to act for the purchaser, the late businessman Fred Preston.

In November last year, Mr Justice O'Higgins said he would uphold one ground against Mr O'Callaghan relating to the conflict of interest complaint.

In upholding the tribunal's finding of conflict of interest, Mr Justice O'Higgins said that any solicitor acting for both parties "does so at his peril".

"It is not remotely surprising that the appellant, by choosing to act for both sides in the one transaction on the facts of this case, gave rise not just to the risk but the actuality that the solicitors' profession would be brought into disrepute," he said.

"The decision to act for both sides in the circumstances, coupled with the failure to ensure the respondent was separately advised, represented a serious falling short of the standards expected of solicitors," said Mr Justice O'Higgins.

Mr O’Callaghan had accepted his firm acted for both sides in the transfer but strenuously denied any impropriety.

Mr O'Callaghan submitted the land deal had to adhere to security requirements demanded by Bank of Ireland for a loan for Western Concrete, which was a joint venture between Mr Fleming and Mr Preston.

Mr O'Callaghan said there had been no question of €250,000 being paid to Nirvanna for the transfer and that the figure referred to the valuation of the lands.

Mr Justice O'Higgins said Mr O'Callaghan should have advised Nirvanna and Mr Fleming to get independent legal advice.

Mr O'Callaghan has been suspended since 2018 on foot of a separate Law Society probe into matters at his practice.

At the High Court on Friday, Neasa Bird BL, for the Law Society, said the society only nominated a "censure" to be imposed on Mr O'Callaghan and that it was not seeking any legal costs.

Michael Mullooly BL, for Mr O'Callaghan, said his client had been substantively successful in winning three out of the four matters appealed and that this should be reflected in any ruling on costs.

Mr Justice O'Higgins said he would order the Law Society censure but made no order in favour of any party as to the costs of the appeal.