Philip John Pollack [1993] NSWLST 10

Philip John Pollack [1993] NSWLST 10

The Solicitor wilfully contravened Section 61(1) of the Legal Profession Act 1987 because in the Martin, Ferrara and Moss matters he withdrew or failed to replace trust moneys in circumstances involving uncleared or dishonoured cheques and knowledge or reckless carelessness as to the resulting deficiencies, and in the Whitehouse matter he knew of the debit balance for about six months before remedying it. Those wilful contraventions constituted professional misconduct under Section 61(7). The conduct was serious and warranted a fine, although the Tribunal did not consider the Solicitor's fitness to practise to be in question at that time.

Jurisdiction
Australia
Judgment Date
01 September 2001
Procedural Posture
Professional Misconduct Disciplinary Complaint Under Section 135 of the Legal Profession Act 1987 / Reasons for Determination and Orders After Hearing
Outcome
Complaint upheld; Solicitor found guilty of professional misconduct and fined.
Legal Topics
['professional Misconduct' 'wilful Contravention of Section 61 of the Legal Profession Act 1987' 'debit Balances in Trust Account' 'withdrawal Against Uncleared Funds' 'failure to Rectify Trust Account Deficiencies']
['legal Profession Disciplinary Law' 'trust Accounting'] ['professional Misconduct' 'wilful Contravention of Section 61 of the Legal Profession Act 1987' 'debit Balances in Trust Account' 'withdrawal Against Uncleared Funds' 'failure to Rectify Trust Account Deficiencies']

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Procedural Posture

Professional Misconduct Disciplinary Complaint Under Section 135 of the Legal Profession Act 1987 / Reasons for Determination and Orders After Hearing

Legal Issues

  1. 1 ['Whether the Solicitor contravened Section 61 of the Legal Profession Act 1987 in relation to the Martin, Ferrara, Moss and Whitehouse matters.' 'Whether the contraventions of Section 61 were wilful.' 'What disciplinary orders should be made for the professional misconduct.']

Ratio Decidendi

The Solicitor wilfully contravened Section 61(1) of the Legal Profession Act 1987 because in the Martin, Ferrara and Moss matters he withdrew or failed to replace trust moneys in circumstances involving uncleared or dishonoured cheques and knowledge or reckless carelessness as to the resulting deficiencies, and in the Whitehouse matter he knew of the debit balance for about six months before remedying it. Those wilful contraventions constituted professional misconduct under Section 61(7). The conduct was serious and warranted a fine, although the Tribunal did not consider the Solicitor's fitness to practise to be in question at that time.

Court Disposition

Complaint upheld; Solicitor found guilty of professional misconduct and fined.

Orders

  • ['The Solicitor pay a fine of $2,000.00 within a period of thirty days from the date of this Order.' 'The Solicitor be suspended from practice at the expiration of the said period of thirty days if the said fine shall not have been paid, until it has been paid.' 'The Solicitor pay the costs of the Law Society, such...