A suspended solicitor has consented to High Court orders freezing his accounts below €1.06m, plus orders effectively aimed at winding up his former practice at Ballaghderreen, Co Roscommon.
Declan O’Callaghan will be entitled to vouched monthly living expenses of €11,600, the president of the High Court, Mr Justice Peter Kelly also directed.
That sum was agreed between the solicitor and the Law Society and includes mortgage repayments.
The consent orders also provide Mr O’Callaghan will remain suspended from practice and must provide a sworn statement of his assets.
According to The Irish Independent the consent order also provide for steps to achieve the sale of three properties – his family home in Ballaghderreen, a townhouse in Portugal and a property at Arran Quay, Dublin - with the proceeds going towards clearing the deficit on the account of the Kilraine O’Callaghan practice at Pound Street, Ballaghderreen.
A sum of €108,000 is also to be paid out today to a law firm related to certain litigation and the orders provide for handover tomorrow Friday of files of the practice to the Law Society and for it to have access to the practice from then.
In making the orders, Mr Justice Kelly noted the Society alleges dishonesty against Mr O’Callaghan while he has consistently denied any dishonesty.
That issue will be adjudicated on in due course by the Solicitors Disciplinary Tribunal and was not before the court in this application, he said.
The Society, he noted, has made two referrals to the Solicitors Disciplinary Tribunal of issues concerning Mr O’Callaghan’s practice and it seemed a third referral is likely arising from further investigation reports.
It was "important" the court makes clear Mr O’Callaghan has asserted at all times he has conducted himself honestly, had at all times sought to act in the best interests of the clients of his firm and intends to personally make good any shortfalls which may be found in the practice and to ensure no client of the practice is at a loss.
It was also important to say the Society is not alleging any dishonesty against Mr O'Callaghan's daughters Aoife and Eimear O'Callaghan, both solicitors, who were made partners in the practice last month for the purposes of ensuring it remains insured, the judge said.