McCarthy, Desmond John
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100115
Decisions
To view the decision against this individual, click
the decision below.
Outcome: Prosecution
Outcome date: 15
October
2009
Published date: 9
July
2010
Firm details
Firm or organisation at date of publication and
at time of matters giving rise to outcome
Name: O'Rourkes
Address(es):
20 Baker Street, Middlesbrough, Cleveland TS1 2SW
Firm ID: 058456
Outcome details
This outcome was reached
by SRA decision.
Reasons/basis
This notification relates to a Decision to prosecute before the Solicitors Disciplinary Tribunal. This is an independent Tribunal which will reach its own decision after considering all the evidence, including any evidence put forward by the Solicitor. The Tribunal has certified that there is a case to answer in respect of allegations which are or include that Mr McCarthy:-
- Failed to keep accounting records properly written up.
- Made improper withdrawals from client account.
- Paidsums by way of private loans from one client to another without the written authority of both clients.
- Failed to remedy breaches of the Solicitors Account Rules promptly upon discovery.
- Misused mortgagee client monies and/or failed to comply with mortgagee client instructions.
- Failed to fulfil undertakings given to lender clients in the course of his practice.
- Acted in circumstances where there was a conflict of interest through acting for a lender and a borrower
The allegations are subject to a Hearing before the Solicitors Disciplinary Tribunal and are as yet unproven.
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