A songwriter who had been seeking royalties owed to him from the sales of a video and CD featuring The Irish Tenors has made a complaint to the Law Society of Ireland against his former solicitor, a solicitor's disciplinary tribunal heard yesterday.
Johnny Duhan, whose song The Voyage was made popular by Christy Moore and was performed by the tenors on the video and CD, made the complaint about solicitor Eddie McGarr of McGarr Solicitors in Dublin. He claimed Mr McGarr failed to supply him with an outline of his costs when he was offered a settlement of €50,000 in March 2008, failed to respond to correspondence and steered him toward going to a trial when he wanted to accept the settlement. Mr McGarr denied the claims.
Mr Duhan instructed Mr McGarr in 2001, but sacked him in February 2012 and reached a settlement a year later with TV Matters BV, a Dutch company, for an undisclosed sum. Representing himself at the tribunal, Mr Duhan said he did not want to take the risk of pursuing royalties at the High Court. “Though I’m perceived to be a successful songwriter I’ve never earned more than a road sweeper on a lean year,” he said.
In March 2008, after a settlement of €50,000 was offered, Mr Duhan claimed he spoke to solicitor Simon McGarr, Mr McGarr’s son, and was told he’d have to pay costs of €50,000 if he settled. He was upset by this and pressed for a written estimate of costs.
It was not until 2008 that he was given details of costs. Mr Duhan said he believed this was a breach of section 68 of the Solicitors (Amendment) Act 1994, which stipulates an estimate of costs should be supplied as soon as possible after taking instruction.
Also giving evidence, Eddie McGarr said he was “definitely of the opinion to accept the offer was wrong”. This would leave Mr Duhan liable to pay his own costs, whereas the defendants would have to pay the costs if he was successful and he was “pretty confident” they would win. He said he had no idea Mr Duhan did not want to go to trial until yesterday’s hearing.
Mr McGarr has yet to be paid for his services, but said he would supply a bill for Mr Duhan and costs could be set by the Taxing Master if necessary. The case was adjourned to July.
