Solicitor sanctioned for leaving ‘vulnerable’ client without representation

High Court Reporters

A Kilkenny solicitor who left a “vulnerable” client without legal representation after he “walked out” of his practice without warning has been sanctioned by the High Court.

High Court president David Barniville on Friday made orders prohibiting Con McDonnell from practising as a legal practitioner other than as an employee for five years.

Mr McDonnell, formerly of Walsh McDonnell Solicitors, Patrick Street, Kilkenny, was also ordered to pay costs arising from an inquiry into allegations made against him. He was not represented at the hearing.

The sanctions arise from a July 2021 complaint to the Legal Services Regulatory Authority (LSRA) made by a “vulnerable” individual who Mr McDonnell had represented in child custody proceedings between 2017 and 2020.

According to court documents, the complainant stated that Mr McDonnell “walked out of his practice in October 2020 without notice to anyone”. He did not inform her that he was leaving his practice, and she only became aware of the fact on attending a scheduled court date.

The complainant was forced to seek alternative legal representation.

In February this year, a hearing of the Legal Practitioners Disciplinary Tribunal was convened to consider the complaint and determine whether it constituted misconduct under the Legal Services Regulation Act 2015.

The Legal Practitioners Disciplinary Tribunal is an independent body that considers complaints of misconduct against solicitors and barristers.

Following the hearing, the tribunal determined that the solicitor’s conduct constituted misconduct. Mr McDonnell was not represented at the tribunal hearing.

The finding arose from Mr McDonnell’s ending of his representation of the client without good cause or reasonable notice, his failure to confirm in writing that he was ceasing to act for the client, and his failure to respond to requests by the client to transfer documents related to her case.

In considering sanctions, the tribunal identified a sole mitigating factor – he had an unblemished disciplinary record.

The tribunal identified various aggravating factors. The solicitor’s misconduct was more serious because of the client’s vulnerability, and because the case related to the care of her children, the tribunal said.

The tribunal recommended various sanctions be handed down, including orders prohibiting  Mr McDonnell from practising as a legal practitioner other than as an employee for five years, and directing he pay legal costs incurred by the complainant in retaining new legal representation.

At Friday’s hearing, Padraic Hogan, barrister for the LSRA, instructed by Fieldfisher LLP, asked the court to adopt the sanctions recommended by the tribunal.

Mr Justice Barniville said the sanctions were appropriate, and made the orders as sought. The judge also made an order for the LSRA’s legal costs.