Galway Solicitor Admonished Over Conveyancing Failures

A Galway-based solicitor has been found guilty of professional misconduct by the Legal Practitioners Disciplinary Tribunal following protracted delays in registering property title and widespread failures to communicate with a client. The disciplinary body issued an admonishment against Antoinette McMahon of McMahon and Co. Solicitors, whose practice is situated at 15 Forster Street in Galway city centre. Alongside the formal sanction, the practitioner has been directed to refund professional fees, provide financial restitution to the aggrieved client, and pay significant legal costs incurred by the regulatory authorities.

The proceedings, brought before the tribunal under Record Number 2024-LPDT29, were initiated by the Complaints Committee of the Legal Services Regulatory Authority. Following an investigation into the handling of conveyancing and probate-related transactions, the tribunal upheld three distinct allegations of professional misconduct. The determination, published on 30 March 2026, highlights the stringent regulatory standards demanded of legal practitioners handling property transactions and taxation queries in the Irish legal system.

Significant Delays and Communication Deficits

At the core of the misconduct findings was Ms McMahon’s failure to register the complainant’s ownership interest in a residential property located at 3 Seamus Quirke Road, Newcastle, County Galway. The tribunal determined that the practitioner failed to effect the registration either within a reasonable timeframe or at all, leaving the title unregistered and placing the client’s legal ownership in jeopardy. In Ireland, timely registration with Tailte Éireann—formerly known as the Property Registration Authority—is a critical professional obligation designed to ensure good, marketable title and protect purchasers from prospective legal challenges.

The tribunal also upheld a second charge relating to prolonged communication failures spanning nearly two years. Between 30 July 2019 and 22 June 2021, Ms McMahon failed to respond adequately or at all to the client’s repeated requests for critical documentation and clarity regarding statutory tax liabilities. These inquiries concerned the client’s Capital Gains Tax liability arising from a property at Station Road, Oranmore, as well as their Inheritance Tax—statutorily known as Capital Acquisitions Tax—liability and the outstanding title registration for the Newcastle premises.

The difficulties were compounded when the client eventually instructed a new legal representative to take over the matter. Between 1 March 2021 and 23 July 2021, Ms McMahon failed to respond adequately or at all to correspondence and handover requests issued by solicitor John Cuddy of Cuddy & Co. Under established professional guidelines, solicitors in Ireland are obligated to facilitate the smooth transfer of client files and provide necessary accounting and legal updates when a client chooses to instruct alternative representation.

Statutory Sanctions and Financial Penalties

Having made findings of professional misconduct, the tribunal exercised its powers under section 82(1) of the Legal Services Regulation Act 2015 to impose a series of corrective and punitive measures. In addition to receiving a formal admonishment on her professional record, Ms McMahon was ordered to refund the entire sum of €1,500, net of Value Added Tax, which the complainant had previously paid in professional legal fees. This refund must be completed within two months of the inquiry date.

The tribunal further ordered Ms McMahon to pay €600 directly to the complainant as restitution, or part restitution, within the same two-month timeframe to compensate for the distress and disruption caused. To address the expenditure involved in prosecuting the regulatory inquiry, the practitioner was also ordered to pay €10,000, inclusive of VAT, as a contribution towards the costs of the Legal Services Regulatory Authority, payable within six months.

Regulatory Framework and Client Protections

The outcome demonstrates the enforcement powers of the Legal Services Regulatory Authority, an independent statutory body established to oversee both solicitors and barristers across Ireland. Prior to the commencement of the Legal Services Regulation Act 2015, complaints regarding solicitors were largely administered by the Law Society of Ireland. The modern regulatory framework provides consumers with an independent route to seek redress for issues ranging from inadequate legal services and excessive fees to grave professional misconduct.

Legal practitioners are subject to strict fiduciary duties when managing client affairs, particularly in residential conveyancing where substantial financial assets and tax obligations are at stake. Failures to file mandatory returns with the Revenue Commissioners or to regularise land registry folios can expose clients to severe financial penalties and administrative hurdles. By enforcing significant cost orders and mandating fee refunds, the tribunal underscores that unexplained administrative inaction and silence will meet with formal disciplinary accountability.