Dishonest solicitor who made numerous forgeries not fit to be member of the profession

Mr Justice Peter Kelly (pictured) said that “Clients have to be able to trust their solicitors to the ends of the earth. There cannot be question marks over their probity and honesty in relation to how they conduct their practice.”

The judge’s comment came as he granted an application by the Law Society seeking a declaration that Daniel Downes is not fit to be a member of the profession, The Irish Times reports.

Mr Downes, formerly of O’Dea & Company Solicitors in Galway, was enrolled in 1981 but struck off in 2014 as a result of numerous findings of misconduct by the Solicitors Disciplinary Tribunal (SDT).

Mary Fenelon, a solicitor for the Law Society, sought declaration for reasons including the fact Mr Downes had tried to “circumvent” controls put on his practice imposed following previous disciplinary measures.

Among the controls was a requirement to have nominated solicitors sign cheques. The SDT found he had forged the signature of the one of the nominated solicitors.

The SDT also stated that Mr Downes made a false confirmation on a client’s file and forged their signature for an agreement to pay €85,000 to a named person.

The solicitor also made backdated letters and documents and included these in client files while he was under investigation and provided false information to the investigating accountant.

But counsel for Mr Downes said the declaration should not be granted since no client had lost money; Mr Downes had already been struck off the roll and the client whose signature was forged had “no problem” with it.

Mr Justice Kelly, however, did not agree. He said that if Mr Downes sought readmission there had to be a record of findings made by the court.

The court followed the SDT recommendation, declaring that Mr Downes was “not a fit and proper person” to be a member of the profession.