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Sean O’Sullivan, a civil servant, is facing a defamation suit from seven solicitors at Orpen Franks, a prominent Dublin law firm. The action is the latest twist in a feud between the two, stretching back 18 years, over the unsuccessful sale of a house.
The firm is also seeking an injunction preventing O’Sullivan from publishing defamatory material about it on the internet or in leaflets and flyers.
Orpen Franks says the action is regrettable but necessary. “Almost seven years ago we secured an injunction against this individual, who was threatening at that stage to picket our offices,” it said.
“He ceased his carry-on and there the matter appeared to rest. However we’ve become aware in recent months that he has begun distributing leaflets promoting a website which we believe to be defamatory of us and we’re forced, reluctantly, to return to the courts to ask them once again to compel this individual to stop his activities.”
In 1987, O’Sullivan, through Orpen Franks, signed a contract to buy a house in South Richmond Street, Dublin. Before completion of the sale a fire seriously damaged the house, which was uninsured.
A dispute arose between O’Sullivan and the owner about a reduced purchase price to reflect the damage. The matter went to arbitration, but it was unsuccessful and the house was sold to a third party.
After the sale collapsed, O’Sullivan complained about the firm to the Law Society, the regulatory body for solicitors in Ireland, but none of his allegations were upheld. In 1998, Orpen Franks secured a High Court injunction against O’Sullivan restraining him from disseminating information about the firm.
There the matter rested until last August when John O’Donovan, a managing partner of the firm, noticed that flyers had been placed under the windscreen wipers of cars near his office. They stated “Prominent Lawyers in Criminal Activity — See www.corruptlawyers.com”.
The flyers were also placed on windscreen wipers at the Burlington Park hotel, close to the firm’s offices. Orpen complained to the Irish hosts of the website, which referred to the firm, and it was suspended.
Three months ago O’Donovan and a colleague spotted more flyers attached to the railings of the firm’s building, advertising a new website, Corrupt-lawyers.com. This was registered in Britain, but had virtually identical content to its predecessor. Both sites have now been disabled.
The flyers stated “Orpen Franks Customers Beware; See Corrupt-lawyers.com” and have been sent to Donnybrook Garda station for fingerprint analysis.
Last month Orpen Franks demanded that O’Sullivan give an undertaking to stop publishing defamatory material about any member of the firm, and the case will be heard this week.
O’Sullivan, who does not admit distributing the leaflets, said he initially set up the Irish website because he “couldn’t get anywhere with the legal system”.
“The way people know each other in the legal profession seems to me to be the biggest problem,” he said.
John Gill from Drumline, Co Clare, the founder of Crookedlawyers.com, a website of the Victims of the Legal Profession Society (VLPS), agrees. “No-one has the courage to stand down the legal profession,” he said.
VLPS, which has more than 500 registered members throughout Ireland, is taking a series of cases to expose what it describes as the “skullduggery and crookedness” in the legal sector, but some of its members are being counter-sued by their former solicitors.
Two years ago, VLPS marched on the Dail calling for the appointment of an independent ombudsman with powers to hold the legal profession to account.
The Law Society receives an average of 1,100 complaints each year. “The public can have absolute confidence that if they have grounds for complaint about the conduct or service of a solicitor, the matter will be thoroughly investigated and appropriate disciplinary action will be taken,” said Ken Murphy, its director general.
Earlier this year, a solicitor who used his clients’ money to buy a holiday home and pay staff wages, was barred from practising on his own for 10 years. Daniel Hurley, a Galway lawyer, was censured by the High Court after an investigation into his accounts.
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