Comments on: Michael Lynn and Thomas Byrne, solicitors

By: Law Society council ensures it can proceed without financial restraints « A Clatter of the Law

Mon, 15 Mar 2010 21:02:52 +0000

[...] many speculated that the crisis was a result of the economic turmoil generally or the actions of a very small number of solicitors. The guarantee was kept secret until well after that deadline passed. The Society then emailed [...]

By: Law Society follows emergency guarantee fashion « A Clatter of the Law

Law Society follows emergency guarantee fashion « A Clatter of the Law — Wed, 20 Jan 2010 13:10:08 +0000

[...] doubling and worse. A common refrain was that the profession was paying for the mistakes of Michael Lynn and Thomas Byrne, but that assumption is incorrect. Where a client is owed money by a solicitor they may make a [...]

By: Edward McGarr

Edward McGarr — Wed, 02 Jul 2008 16:54:36 +0000

Dear John,

No, thanks.

By: John

John — Tue, 01 Jul 2008 18:48:20 +0000

Sir/Ms,
do you require Mr Lynn found and brought back in to Irish Jurisdiction?

Thank you for your considerations & your attentions.

By: Edward McGarr

Edward McGarr — Sun, 11 Nov 2007 16:45:36 +0000

Geraldine,

This reply, for reasons I assume are obvious, is not intended as a full reply to your query; it is not intended as “legal advice” upon which you should rely without detailed advice from your solicitor.

If a mortgage is not discharged by repayment of the balance due, it remains as a charge on the security property. If the client of the relevant solicitor is a vendor, that client is, in principle, (subject to the terms of agreement for sale) obliged to the purchaser to pay off the mortgage. A plea that the solicitor has been instructed to do that is not a defence. That vendor client would, of course, have an entitlement to pursue his/her defaulting solicitor for failing to discharge the mortgage. The necessary inference is that the solicitor received the full purchase money on behalf of the vendor and passed on to the vendor only the balance, retaining the prior mortgage redemption money, without applying it to redeeming the mortgage. Such retention is not normal and may imply a criminal act.

Your second question suggests that the clients are vendors; in which case see the foregoing paragraph.

By: Geraldine

Geraldine — Sat, 10 Nov 2007 14:53:19 +0000

Q: When a solicitor gives and undertaking to repay a mortgage and fails to do so, can the clients be held responsible for the amount?

Q: In the event of redemptions not being carried out by a Solicitor and clients are now paying the two mortgages, are the clients entitled to a refund? Where do the clients stand in relation to this matter?