Victims of Legal Profession Meeting, Farnham Hotel, Cavan Town
Thursday 26th July 2007: 8.15 p.m. to 10 p.m.
- Panel Members: Theresa Toolan, Eugene Bradley (chair), Donald Rodgers, Joe Ferris.
- Brief Notes of Legal Concerns raised by the audience, first names are fictitious to ensure anonymity.
- ‘John’ displayed a pile of legal correspondence, explaining that he had years of correspondence with the Law Society. He explained that the case he was ‘caught up’ in related to his work with a family who had significant difficulties, e.g. involving members of the family being made ‘wards of court’. John explained that he was awarded a sum of money to cover his expenses, the cheque was sent to a specific solicitor, the solicitor "cashed the cheque and I got nothing". The solicitor was also member of a ‘Committee for Managing the Affairs of the Family Member’. "The cheque was sent to a solicitor in Sligo, I tried to get my legal files, but can’t get them. Panel members suggested referral to the Solicitor’s Tribunal and agreed to discuss the details with the person at the end of the meeting, highlighting the need to be careful in regard to being charged for photocopying charges, etc. The case of Robert Rowe of 9th July 2007 and his solicitor Liam Moloney and the Court Order of High Court Judge McCarthy and the ‘handing-over’ of 14 legal files and copy of a family law file at specified dates and times, presented as example of ‘clients getting their legal files’. Statement of Judge David McFarland at Dungannon County Court to Mr. Dan McCaffrey on Monday 19th February 2007, when Judge McFarland stated, "When you have paid your solicitor’s bill the files belong to you".
- ‘Jane’ an Auctioneer by profession explained the delay difficulties she was experiencing, especially people, e.g. from London buying property in Cavan and surrounding areas. A house had been agreed for sale for the past 4 years, but with one solicitor not responding to another, the house sale was not completed. One solicitor in particular was behaving as a ‘Bully’. "An awful problem". "The seller is happy, the buyer is happy, then the legal people cause problems". "The solicitors are being paid to provide a service". "Why don’t they do the business?" "I have been an auctioneer since 1982, the problem has become more severe in the past 12 years". "The Law Society is only there to help Solicitors". "The Law Society is the Solicitors’ Trade Union". Panel advised with regard to ‘whistle-blowing’ and the ‘closing-of-ranks’. A brief outline of how John Gill in particular suffered as a house-builder because of solicitors ‘refusing to complete’ house sales and this was a specific aspect of Mr. Gill’s 72 Court appearances.
- ‘David’ explained that he had met with the ‘Garda Bureau of Fraud Investigation’ and events were moving. He briefly outlined his case that his cousin, ‘also a solicitor’ had ‘plundered’ a ‘registered letter’ that had been sent during David’s period of disability. By ‘intercepting’ this important letter, his cousin had prevented David from appearing in court on a specific day and as a result David has never obtained any compensation from Quinn-Direct for very serious injuries. Panel expressed that the ‘Garda’ investigation for ‘Fraud’ would hopefully progress matters. Also it may be useful to consider a direct response to Quinn-Direct involving a ‘peaceful demonstration’ by VLPS to progress his compensation claim at a later date.
- ‘Fred’ was having problems with property he had leased and was carrying on a competitive business. He explained his great difficulties in being harassed by ‘a thug’ whom he believed was being paid by ‘a competitor’ and ‘aided and abetted’ by the ‘owner of the property’ who he believed was trying to harass him to leave the property. The ‘thug’ had broken into his property, and to ensure ‘a citizen’s arrest’ Fred had locked the door and called the Gardai. Unfortunately, Fred was later ‘charged with unlawful imprisonment’ and fined 6,000 Euros, which he has appealed. Fred explained that a friend, who was a practising barrister in England had described the ‘Irish Legal System’ as "Never seen anything so corrupt". This friend had then tried to practice within a firm of solicitors in Ireland and had to leave, "Couldn’t cope with the extent of the corruption". This friend was ‘no longer practising within the legal system in Ireland’.
- ‘Thomas’ explained that he owned about one acre of development land and a developer (from 2004/2005) had ‘encroached’ on his property by ‘piping a large stream’ and at the same time changing the direction of the stream to effectively ‘steal over 25 feet of Thomas’s land’. The solicitor that he had instructed, he believed was ‘misleading’ and not being assertive in getting any compensation. Panel suggested getting a ‘civil engineer’ to accurately measure the amount of land that has been ‘stolen’, taking the measurements from the ‘middle of the stream’ before the piping was undertaken. Also suggested the lodging of a caution at ‘Land Registry’ in form 81 & 82 against any property that has now been built on land which is still part of his Folio Number.
- ‘Mary’ explained that her husband had agreed to give a neighbour ‘a few inches of boundary’. Husband is now deceased, the same solicitor is acting for both her and her neighbour. The neighbour is also ‘digging holes’. Panel expressed caution regarding the reasons for the neighbour needing extra amounts of land. Mary was advised to ascertain the reasons and to guard against detriment to her own property. Solicitor acting for both parties was ‘conflict of interest’ and not advisable.
- ‘Kathleen’ explained that her uncle had died without making a will. The solicitor had mentioned that one of the banks had released the money, but that he couldn’t pay it out as one family member had objected. One of the banks had refused to pay any of the money out. Panel advised the person to call into the local ‘Probate Office’. Copies of ‘Oath for Administration’, ‘Grant of Administration’, ‘Revenue Affidavits’ shown to the person at the end of the meeting and suggestions that one or more family members should commence the ‘Administration of the Estate’.
- ‘Vera’ raised the ‘double-charging’ by solicitors of people paid compensation under the ‘Redress Board’ - considerable sums of money were again deducted from ‘victims’.
- Number of people raised the concern that Judges are ‘Political Appointments’ and it was ‘Hypocritical’ to then have these same ‘Politically Appointed Judges’ investigating politicians in the ‘Tribunals’.
- A mother explained how her daughter had been awarded compensation of 7,000 Euros and fees. However, the solicitor also charged 300 Euros. Panel suggested obtaining precise details of the settlement and then ‘confront’ the solicitor to refund the 300 Euros.
- ‘Agatha’ raised concern of difficulty in getting her deeds and that the solicitor had created ‘a crooked bill’. Panel suggested that in any attendance with the solicitor, to always have a witness and make notes with regard to the specific ‘crooked bill’. Suggest informing the solicitor as mentioned earlier, ‘that if you do not owe any money the files are yours’. The possibility of a peaceful demonstration to obtain the files may also be appropriate at a later date.
- General suggestion given that on experience of all members of the VLPS, leaving legal documents with solicitors is not advisable and safe custody by each individual is more appropriate. The need to check ownership of ‘Land & Property’ at the ‘Land Registry’ emphasised.
- One Minute Silence at End of Meeting in Memory of Gerry Cullinane, with vote of sympathy to esteemed member.