Solicitor convicted of fraud is struck off Roll of Solicitors

Solicitors – application to have solicitor struck off - Solicitors Disciplinary Tribunal determined that he is not a fit person to be a member of the solicitors’ profession - forged documents purporting to be health insurance claims - claims were fictitious - he was being made redundant from his position with an insurance company and understood that it would pay him an appropriate redundancy payment to enable him to commence his own practice - redundancy payment did not materialise - engaged in the activities in question – monies long since been repaid – when confronted he admitted his conduct and undertook to repay the money outstanding – eventually pleaded guilty and was sentenced to 12 months imprisonment - private practice as a solicitor continued up to the time of his conviction and imprisonment – he has not resumed practice - has not come to the adverse notice of the Law Society or the gardaí - testimonials from former clients of his attested to his good conduct - Disciplinary Tribunal – argued that to strike him off the Roll of Solicitors would be unfair and disproportionate – accepted that some sanction must be imposed - factors which should be taken into account - Law Society contends that nothing less than a strike-off order is appropriate - in order to maintain the reputation of the solicitors’ profession and to sustain public confidence in the integrity of that profession his name must be struck from the Roll of Solicitors - purpose of this order is not punitive - sole purpose is to maintain the reputation of the solicitors’ profession.