Naas Solicitors Censured over Accounting and Fee Rule Breaches

Two practising solicitors based in County Kildare have been formally censured and ordered to pay a total of €30,000 in penalties and costs following findings of professional misconduct by the Legal Practitioners Disciplinary Tribunal. The disciplinary proceedings concerned Andrew Coonan and Susanna Cawley, partners in the firm Coonan Cawley Solicitors, which operates from Wolfe Tone House in Naas Town Centre. The outcome concludes a formal inquiry initiated by the Law Society of Ireland under the statutory framework of the Legal Services Regulation Act 2015.

Widespread Breaches of Client Account Safeguards

The tribunal investigated multiple breaches of the Solicitors Accounts Regulations 2014, which govern the strict separation and management of client monies in Irish legal practice. The Tribunal found that both practitioners had breached Regulation 7(1) by withdrawing funds when their accounts were not in credit to do so, alongside a breach of Regulation 7(2) for allowing a debit balance to emerge on a client ledger account. Maintaining client accounts in credit is a cornerstone of regulatory compliance designed to ensure that client assets remain fully protected at all times.

Further accounting contraventions identified by the Tribunal involved premature or impermissible fee deductions from client funds. The solicitors were found to have breached Regulation 9(4) by taking professional fees when they were not entitled to do so, either due to a lack of available funds or through the improper use of stakeholder monies held in escrow. In addition, the practice breached Regulation 12(3) by drawing fees that were not properly payable, and violated Regulation 13 by failing to keep adequate documentation to vouch that clients had received cash payments.

Conflicts of Interest and Settlement Deductions

Beyond client accounting discrepancies, the Tribunal made findings in relation to professional conduct standards in property conveyancing. Both practitioners were found to have breached the Solicitors (Professional Practice, Conduct and Discipline - Conveyancing Conflict of Interest) Regulation 2012 by acting for both the purchaser and vendor in a property transaction that was executed for less than market value. Regulatory guidelines issued by the Law Society strictly prohibit dual representation in non-arm’s-length or below-market transactions due to the inherent risk of conflicting loyalties and prejudice to either party.

The inquiry also examined how litigation proceeds were managed, establishing a breach of section 68(3) of the Solicitors (Amendment) Act 1994. Under Irish legal rules, solicitors are prohibited from unilaterally deducting professional costs from damages or settlement funds without first obtaining unambiguous, written authority from the client. This provision serves as a vital safeguard for claimants, guaranteeing full transparency over net settlement amounts before any legal practitioner fees are deducted at the conclusion of a dispute.

Sanctions Imposed by the Tribunal

Following its findings of misconduct across seven distinct grounds, the Legal Practitioners Disciplinary Tribunal delivered identical orders against both respondents. Under section 82(1)(c) of the Legal Services Regulation Act 2015, both Andrew Coonan and Susanna Cawley received a formal censure on the public record. Each practitioner was further directed under section 82(1)(l) to pay €10,000 to the Law Society Compensation Fund, an industry resource maintained to relieve losses suffered by members of the public through solicitor default.

The Tribunal also ordered each solicitor to contribute €5,000 towards the legal costs incurred by the Law Society of Ireland in prosecuting the disciplinary complaints under section 82(1)(j). The panel determined that more severe sanctions—such as suspension of practising certificates, striking off the roll of solicitors, direct fines, or mandatory training orders—were not required in this instance. The determination nonetheless highlights the ongoing statutory enforcement surrounding client account management, fee transparency, and conflict avoidance across the Irish legal sector.