Solicitor with ‘extensive and appalling’ disciplinary record struck off by High Court

High Court Reporter

A Dublin solicitor with an “extensive and appalling” disciplinary record arising from various instances of professional misconduct has been struck off the roll of solicitors by the High Court.

In a judgment published this week, High Court president Justice David Barniville made orders against Ian McSweeney after a disciplinary tribunal made findings against the solicitor, including that he misappropriated client funds.

McSweeney, who previously practised at McSweeney Solicitors, Dublin Street, Balbriggan, was previously suspended from practice in 2024.

As well as being struck off the roll of solicitors, McSweeney was ordered to pay the costs of the Law Society in bringing the strike-off application to the High Court, measured at €3,254, a further €10,000 to the society’s compensation fund, and €4,524 to cover the society’s costs in bringing the case before a disciplinary tribunal.

The society’s application to strike off McSweeney arose from allegations against him which were considered in February by the Legal Practitioners Disciplinary Tribunal, an independent body that considers complaints of misconduct against solicitors and barristers.

Among the allegations considered was a claim that McSweeney withdrew a total of €49,990.89 from a client account on a piecemeal basis for personal use. Solicitors hold money for their clients on trust by way of a client account.

The tribunal found this allegation was proven, and amounted to misconduct.

The tribunal said that any deficit on a client account is a serious matter as “the protection of the client [monies] is essential to maintain the public’s confidence in the solicitors profession”.

The tribunal also found that McSweeney breached various regulations in failing to prepare certain documentation and accounts.

The tribunal concluded that the appropriate sanction to impose on McSweeney was one of a strike-off from the roll of solicitors, having regard to the serious findings of misconduct andhis prior disciplinary history.

The judge noted McSweeney’s “extensive and appalling” disciplinary history, involving various instances of misconduct and findings against him by the Solicitor’s Disciplinary Tribunal, the Legal Practitioners Disciplinary Tribunal and the High Court.

The judge said he was satisfied to adopt the sanctions recommended by the tribunal and sought by the Law Society.

“It is clear that this is another case in which very serious findings of dishonesty and misconduct have been made in relation to a solicitor, involving misappropriation of client funds, as well as other very serious incidents of misconduct.

“Further, these findings were made in the case of a solicitor who has an appalling disciplinary record,” the judge said.