Balla Lease Developments Ltd -v- Keeling [2006] IEHC 415 (21 December 2006)

Balla Lease Developments Ltd -v- Keeling [2006] IEHC 415 (21 December 2006)

Mr. Taylor's creation and disclosure of non-contemporaneous attendance notes as if they were contemporaneous, and his misleading correspondence to the opposing solicitors, constituted a serious departure from the standards of probity and ethical behaviour expected of solicitors in litigation. The court found this misconduct warranted a sanction beyond mere admonition, but accepted a charitable payment in lieu of a fine given mitigating factors.

Citation
[2006] IEHC 415
Parties
Plaintiff: Balla Lease Developments Limited; Defendant: David Keeling
Jurisdiction
Ireland
Judgment Date
21 December 2006
Procedural Posture
Commercial / Post Settlement Judicial Inquiry Into Solicitor Conduct
Outcome
Sanction imposed on solicitor (not party to main action); no further order on undertaking to pay €10,000 to charity.
Legal Topics
Discovery, Solicitor Misconduct, Affidavit Practice, Ethics in Litigation
Civil Procedure Legal Profession Regulation Discovery Solicitor Misconduct Affidavit Practice Ethics in Litigation

Case Brief

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Parties

Balla Lease Developments Limited

Plaintiff

David Keeling

Defendant

Procedural Posture

Commercial / Post Settlement Judicial Inquiry Into Solicitor Conduct

Legal Issues

  1. 1 Whether the conduct of Mr. Robert Taylor, solicitor, in preparing and disclosing non-contemporaneous attendance notes as contemporaneous in discovery amounted to misconduct warranting sanction by the court.

Ratio Decidendi

Mr. Taylor's creation and disclosure of non-contemporaneous attendance notes as if they were contemporaneous, and his misleading correspondence to the opposing solicitors, constituted a serious departure from the standards of probity and ethical behaviour expected of solicitors in litigation. The court found this misconduct warranted a sanction beyond mere admonition, but accepted a charitable payment in lieu of a fine given mitigating factors.

Court Disposition

Sanction imposed on solicitor (not party to main action); no further order on undertaking to pay €10,000 to charity.

Orders

  • Mr. Taylor to pay €10,000 to a charity within 28 days as a mark of the court's disapproval.