High Court upholds solicitor's misconduct finding over Mayo land transfer

A High Court judge has upheld a disciplinary tribunal finding of professional misconduct against suspended Roscommon solicitor Declan O'Callaghan concerning his handling of a 2006 Mayo land transfer. Mr Justice Micheál O'Higgins upheld the tribunal's conclusion that Mr O'Callaghan acted for both vendor and purchaser in breach of conflict-of-interest rules, stating that any solicitor acting for both parties "does so at his peril". However, the judge dismissed three other misconduct complaints, including allegations that the vendor, Nirvanna Property Holdings Ltd, was owed €250,000 for the transfer. The judge stated this had not been proven beyond reasonable doubt. While expressing himself "deeply unimpressed" at Mr O'Callaghan's failure to ensure independent legal advice, Mr Justice O'Higgins said he was not satisfied the solicitor was guilty of dishonesty. Mr O'Callaghan has been suspended since 2018 pending resolution of a separate Law Society inquiry. Submissions on costs and appropriate sanction are to be heard in the New Year.