A High Court application has been initiated by the Law Society, aimed at having suspended solicitor Declan O’Callaghan struck off the roll of solicitors.

This comes following professional misconduct by the Ballaghaderreen solicitor, over his handling of a land deal in County Mayo back in 2007.

According to this morning’s Irish Times, the Law Society’s application is currently on hold, pending the outcome of Mr. O’Callaghan’s challenge over the procedures adopted by the Solicitors Disciplinary Tribunal, in reaching its findings last year of professional misconduct over the land deal.

Last summer, the three member tribunal found Mr. O’Callaghan guilty of four counts of professional misconduct over his handling of the deal involving Mayo businessman Tom Fleming.

Mr. Fleming, now aged in his 80s, claimed Nirvanna never received €250,000 for selling the land to a now deceased businessman, while Mr. O’Callaghan denied the sum was owed, and disputed that the transaction was for “sale” of the lands.

The Nirvanna complaint was upheld by the tribunal, finding professional misconduct against Mr. O’Callaghan on the grounds that he breached his duty of care to the company, provided inadequate professional services, and purported to act for vendor and purchaser in a transaction where there was a “clear conflict of interest”.

The Law Society agreed with the tribunal’s strike-off recommendations, yet, neither can make strike-off orders, so it is a matter for the courts.

More information can be found in today’s Irish Times newspaper and online.