Galway Bay fm newsroom- A Portumna solicitor who admitted professional misconduct, including using 10 thousand euro in client monies towards paying his personal tax bill and reducing the overdraft on his office account, has been suspended for a year.
The president of the High Court, Mr Justice Peter Kelly ruled that Thomas D’Alton can resume practising after the year under conditions to expire after seven years.
The Irish Times reports that the court heard that the monies taken were later repaid, no client suffered a loss and there was no client account deficit when Mr D’Alton, who had practised as James J Kearns & Sons, Portumna, closed down
his practice in November 2017
During the hearing Mr Justice Kelly cited the ill health experienced by Mr D’Alton in the relevant period.
His health difficulties began with a fall in 2007 which resulted in ankle and foot injuries and a series of surgeries over several years from 2009.
A report from his GP described Mr D’Alton’s experience between 2014 and 2016 as “catastrophic”.
It noted he developed a very serious bone infection, had a hip replacement and had to work during it all.
The GP also expressed concern about Mr D’Alton’s mental health throughout this period.
The judge said he was “astonished” details of the ill health were not put before the Solicitors Disciplinary Tribunal when it recommended the sanction of strike off.
The Tribunal had noted Mr D’Alton had a prior disciplinary record involving five different adverse findings against him, one of which had lead to his being required to pay just over 14 thousand euro restitution to a man’s estate.
All of those matters, as well as issues in 2010 concerning failure to honour undertakings to financial institutions, were ultimately resolved.
Mr Justice Peter Kelly refused a Law Society application to strike off Mr. D’Alton and said the alternative sanction determined by the court was a “proportionate” response to the solicitor’s wrongdoing.
Mr D’Alton, who is married with children, said in an affidavit he has a “stark economic necessity” to earn money.
The judge noted several solicitors in Mr D’Alton’s locality had provided references speaking “very highly “of him and expressing a willingness to employ him.
