A shocking case of professional misconduct has come to light, involving a solicitor accused of mishandling funds meant for vulnerable children. Declan O’Callaghan, a Roscommon-based lawyer, is facing severe disciplinary action after a tribunal found that money held in trust for the young children of deceased clients was “simply not available” due to unauthorized transfers from client accounts.
The solicitors Disciplinary Tribunal has described O’callaghan’s actions as “egregious professional misconduct,” affecting more than a dozen clients. This marks the second round of proceedings against him, with the tribunal recommending his removal from the roll of solicitors. The matter is currently pending before the High Court.
The tribunal’s report reveals that O’Callaghan’s misconduct intensified in 2018 as his professional challenges grew. In one especially distressing case, the estate of a client who passed away nearly 11 years ago remains inaccessible to his infant son due to the solicitor’s actions. The tribunal also highlighted fabricated documents allegedly signed by the widow of a man who died in 2017, which were used to obscure the unavailability of funds for their young children.
“The tribunal notes that the respondent solicitor appears to have repeatedly and opportunistically engaged in teeming and lading using client monies, which ought to have been available for vulnerable infant children,” the report stated. Teeming and lading refers to the practice of concealing financial losses by using funds from one client to cover shortfalls from another.
in another instance, four children under the age of 10 were left without access to their inheritance after their father’s death in 2007. The tribunal found that the funds were improperly transferred, leaving the children without the financial support they were entitled to.
O’Callaghan’s misconduct extended beyond trust funds. He was found to have withdrawn €60,696 from a client’s legal settlement without authorization. Additionally, he borrowed €150,000 from the same client, despite knowing he coudl not repay the loan “in a timely manner or at all.”
The tribunal also uncovered a case involving a client who died in 2013. O’Callaghan sent “deliberately misleading” documents to the Alzheimer’s Society regarding a significant bequest, following an unauthorized transfer that caused a deficit in the client’s account.
Further investigations revealed irregularities in property transactions. in one €468,000 deal, uncashed cheques were retained, leaving funds “floating” between the solicitor’s accounts. In another case, money earmarked for stamp duty payments to the Revenue was “not available.”
A couple attempting to repay a debt using proceeds from a property sale faced a significant shortfall, as the funds “which ought to have been available to discharge the indebtedness were not available.”
The tribunal criticized O’Callaghan for his lack of honesty and transparency. “The Tribunal must have consideration of the fact that the respondent solicitor misled both the Regulation of Practice Committee and the President of the High court in the context of the preliminary investigations made by the Law Society,” the report concluded.
This case underscores the critical importance of trust and accountability in the legal profession. The tribunal’s findings serve as a stark reminder of the consequences of breaching that trust, particularly when vulnerable individuals are involved.
What steps is Declan O’Callaghan taking to make amends to the families affected by his actions?
Interview with Declan O’Callaghan: A Solicitor’s Fall from Grace
By Archyde News
In a shocking case that has rocked the legal community, Declan O’Callaghan, a Roscommon-based solicitor, has been accused of mishandling funds meant for vulnerable children. The Solicitors Disciplinary Tribunal has described his actions as “egregious professional misconduct,” and the case is now pending before the High Court. Today, we sit down with Declan O’Callaghan to hear his side of the story.
archyde news (AN): Mr. O’Callaghan, thank you for agreeing to speak with us. This case has drawn significant public attention. Can you explain what happened and how you found yourself in this situation?
Declan O’Callaghan (DOC): Thank you for giving me the prospect to speak. This has been an incredibly arduous time for me, my family, and, most importantly, the clients affected.I want to start by saying that I deeply regret the pain and distress caused by my actions.
The situation stems from a series of poor decisions I made in 2018. At the time, I was facing significant personal and professional pressures. I made unauthorized transfers from client accounts, including funds held in trust for vulnerable children. I never intended to harm anyone, but my actions were inexcusable.
AN: the tribunal described your actions as “egregious professional misconduct.” How do you respond to that characterization?
DOC: I don’t dispute the tribunal’s findings. What I did was wrong, and I take full responsibility for my actions. I failed in my duty as a solicitor to protect my clients’ interests, and I betrayed the trust placed in me. The term “egregious” is harsh,but it’s accurate.I let down not only my clients but also the legal profession as a whole.
AN: This isn’t the frist time you’ve faced disciplinary action. What do you say to those who argue that you shoudl have been removed from the roll of solicitors sooner?
DOC: I understand that sentiment entirely. My previous disciplinary issues were a warning sign,and I failed to heed them. I should have sought help earlier—whether through counseling, mentorship, or stepping away from practice to address my personal struggles. Instead,I continued down a path that led to this catastrophic failure.
AN: The funds in question were meant for vulnerable children. How do you reconcile your actions with the impact on these young lives?
DOC: That’s the hardest part of all. Knowing that my actions affected children who had already suffered the loss of their parents is something I will carry with me for the rest of my life. I can’t undo what I’ve done, but I am committed to making amends. I’ve been working with my legal team to ensure that the affected families are compensated, even if it means liquidating my assets.
AN: The tribunal has recommended your removal from the roll of solicitors. What are your thoughts on that proposal?
DOC: I accept it. I’ve come to terms with the fact that I can no longer practice law. My priority now is to ensure that the families affected are made whole and to reflect on how I can contribute positively to society in other ways.
AN: What would you say to other legal professionals who might be facing similar pressures or temptations?
DOC: I would urge them to seek help immediately. The legal profession is demanding,and it’s easy to lose sight of what’s important when you’re under pressure. But the consequences of making the wrong choices are devastating—not just for you, but for the people who depend on you. Don’t let pride or fear stop you from asking for help.
AN: what’s next for you, Mr. O’Callaghan?
DOC: I’m focused on making amends and rebuilding my life. I know I can’t undo the past, but I can strive to be a better person moving forward. I’m exploring ways to give back to the community, particularly in areas that support vulnerable children. It’s a small step, but it’s one I’m committed to.
AN: Thank you for speaking with us, Mr. O’Callaghan.
DOC: Thank you.
This interview has been edited for clarity and brevity. The views expressed by Declan O’Callaghan are his own and do not reflect the opinions of Archyde News.
