High Court censures solicitor for acting for both sides in land deal

A suspended Roscommon solicitor has been formally censured by the High Court following a misconduct finding relating to a 2006 Mayo land transaction. Declan O'Callaghan successfully appealed three allegations but the court upheld one count of misconduct concerning a conflict of interest. Mr Justice Micheal O'Higgins found that Mr O'Callaghan acted for both the vendor and purchaser in the same property transfer without ensuring separate legal advice was obtained, a serious breach of professional standards. The judge stated any solicitor acting for both parties "does so at his peril" and noted the conduct risked bringing the profession into disrepute. While the court found no dishonesty, it upheld the tribunal's earlier recommendation for censure. Mr O'Callaghan had argued the transaction's structure was required by Bank of Ireland lending conditions. The Law Society sought only censure and no legal costs. No order for costs was made regarding the appeal.