Solicitor guilty of overcharging child abuse victim

By Se?n McC?rthaigh

THE first solicitor to be found guilty of overcharging child abuse victims for cases brought before the Residential Institutions Redress Board (RIRB) has been censured and fined a total of ?5,000.

The Solicitors Disciplinary Tribunal has found Kilkenny solicitor, Michael Buggy guilty of misconduct for overcharging a client in relation to a compensation award paid out by the RIRB.

Mr Buggy, who operates a practice at Parliament Street in Kilkenny city was censured and ordered to pay ?5,000 to a compensation fund as well as the costs of the hearing.

Legal sources said such costs were often ?substantial and could be equal to or more than the actual fine.?

Mr Buggy is the first of 12 solicitors whose cases are due to come before the tribunal ? an independent body appointed by the President of the High Court which sits in divisions of three members, two solicitors and a lay person.

They have been the subject of complaints from 22 individuals who made allegations of overcharging in relation to dealings with the RIRB. The solicitors have also been instructed to repay fees plus interest to their clients.

More than 160 complaints were made by former residents of orphanages and industrial schools to the Law Society after the issue of overcharging was first highlighted last October.

The tribunal found Mr Buggy had failed to provide his client with any documentary evidence of work done in relation to the RIRB.

It also ruled the solicitor negotiated his client?s costs with the RIRB without discussing the amount offered by the board with his client.

Mr Buggy also breached the Solicitors (Amendment) Act 1994 by deducting fees from his client?s compensation award without written authority.

The tribunal also made findings against a number of other solicitors in cases unrelated to claims of overcharging by child abuse victims.

They include:

* Colm Murphy with practices at Market St, Kenmare, Co Kerry and Chapel St, Killarney, Co Kerry was censured and ordered to pay a total of ?6,000 in compensation.

* John P Whelan of Matthew MacNamara & Sons, Friar St, Cashel, Co Tipperary was censured and fined ?15,000 for cashing ?184,600 in solicitor-client fee cheques instead of paying the money into a client account.

* Keith Finnan, of Humbert Mall, Main St, Westport, Co Mayo was censured and fined ?1,500 for failing to furnish an accountant?s report.

* Paul Dermot Scully, of Inns Court, Winetavern St, Dublin was censured and fined ?30,000 for failing to progress three claims for personal injuries.

* All parties were also ordered to pay the costs of the hearings.