Celebrity solicitor Gerald Kean has lost an appeal against a finding of professional misconduct for trying to 'cover-up' a mistake in a former client's case.
However he has succeeded in having a recommendation by the Solicitors Disciplinary Tribunal that he be fined €20,000 quashed by High Court President Nicholas Kearns.
The lawyer, who has represented clients such as Prince, Alan Shearer and Ronan Keating, says he finds the removal of the fine 'comforting' but maintains the claim against him was 'most trivial'.
The Tribunal's findings last May followed complaints by former client Christopher O'Neill of Drumsna Village in Co Leitrim, who the lawyer had represented in a dispute about boatyard repairs.
It concluded that Mr Kean failed to act on instructions to enter a defence to District Court proceedings in 2005.
He tried to 'cover up' his mistake by misleading Mr O'Neill that he had lodged an appeal against the court's judgment when in fact the case was no longer 'live'.
Mr Kean (56) then discharged in full the judgment for €1048.17 from his own pocket. His client later contended the solicitor paid this sum 'because he realised he'd screwed up'.
High Court President Kearns notes the Tribunal's findings that the solicitor 'embarked on an elaborate course of action to avoid the exposure of his mistake.
In short, the Tribunal found there had been a 'cover-up'.
'Ample evidence' to uphold findings
On appeal to the High Court, Mr Kean's lawyers focused on the credibility of witnesses and the supposed lack of corroboration of Mr O'Neill's account to the Tribunal. They also claimed the allegations cannot in law amount to misconduct.
However President Kearns found there was 'ample evidence' before the Tribunal to uphold its finding of misconduct and he dismissed the appeal.
He has found the 'deception of one's own client' to be a 'grave matter' breaching the 'obligations of honesty and trust' between solicitor and client.
The judge quashed a proposed €20,000 fine on the basis that the finding of misconduct was harsh enough to be 'sorely felt' by Mr Kean as a well known figure and source of media interest.
Apart from representing celebrities the solicitor is also known for appearing on television shows like 'Celebrity Bainisteoir'.
The lawyer from Co Cork was not in court for this morning's ruling - but in a statement issued this afternoon he said he was proud to have enjoyed an 'unblemished record' over 30 years of practice.
He claims the allegation upheld by the Tribunal is 'most trivial' particularly as Mr O'Neill suffered no financial loss.
'The decision of the President to remove the fine altogether is very comforting,' he said.
He added that 'the welcome decision to remove the fine will in no way deter me from continuing to be outspoken about deficiencies in the composition and workings of this Tribunal'.
