THE LAW Society has confirmed that Limerick solicitor Aiden Barry is due to appear before the High Court to face findings of misconduct in relation to his clients’ accounts, believed to involve up to €100,000.
The society told the Limerick Leader that Mr Barry appeared before the Solicitors Disciplinary Tribunal last week in relation to these findings, but cannot comment on the case as it is sub judice - or awaiting a hearing date in the High Court before Mr Justice Nicholas Kearns.
It is expected that the case - which includes the underwriting of two loans from Bank of Ireland for €170,000, and €234,000, and failing to lodge title deeds for a house - could be heard in full in three weeks’ time.
Affidavits were served in the case last April by David Irwin of the Law Society, but no date is listed for the next hearing.
Further proceedings in the High Court have also been issued against him by the Collector General of the Revenue Commissioners, Michael Gladney, in a case represented by Holmes O’Malley Sexton in the city.
Mr Barry, who formerly had a practice at Roche House, 8 Bank Place in the city and whose father is a former president of Garryowen rugby club, had been found guilty of misconduct by the Law Society in 2011 and 2005.
On those occasions, he was admonished and censured by the tribunal, and ordered to pay fines totalling €1,000 for failing to file reports from accountants in two separate years.
The solicitor, who appeared before the public hearing at the Friary, Bow Street in Smithfield last week, “apologised profusely” in court to those who had been affected by his actions, according to local sources in the room.
Various sums of money are owed to his clients, including three Limerick businessman and a Clare man, range from at least €38,000 to €50,000 apiece, according to sources.
An application to the tribunal concerning a solicitor may ultimately result in a solicitor being sanctioned by the tribunal or by the President of the High Court, up to and including the sanction of being suspended from practice for a period, or having his/her name struck off the roll of solicitors.
The tribunal is an independent statutory tribunal appointed by the President of the High Court to consider complaints of misconduct against solicitors, and consists of 20 solicitor members and 10 lay members.