TWO CO Mayo-based solicitors have been ordered to pay €500 to the Law Society Compensation Fund after being convicted of professional misconduct on a conflict of interest complaint, but acquitted of other complaints.
Earlier this year, the same solicitors, Michael McDarby and Seán Acton, of Michael McDarby Company, Ballinrobe, were fined €25,000 each and censured after being found guilty on separate complaints of professional misconduct, including complaints relating to their handling of client monies. The Solicitors Disciplinary Tribunal refused the Law Society's application to strike them off.
The tribunal yesterday dealt with complaints against the men by Mary Joyce McCarthy, of Church Street, Dunmore, Co Galway, arising from a road traffic incident eight years ago.
It acquitted Mr Acton of four complaints of professional misconduct arising from his conduct of Ms McCarthy's defence in the District Court on a charge of careless driving.
Mr Acton told the tribunal he advised Ms McCarthy to plead guilty in the light of "overwhelming" evidence against her from witnesses and gardaí, and because she herself had no recollection of how the incident occurred.
It upheld one complaint of professional misconduct by both solicitors in finding a conflict of interest in Mr McDarby acting for a man injured in the same accident in which Ms McCarthy was involved. They were ordered to pay €500 to the Law Society Compensation Fund and 25 per cent of Ms McCarthy's costs.
