Law Society of New South Wales -V- Pollack [1998] ADT

Legal Services Division

CITATION: Law Society of New South Wales -V- Pollack [1998] ADT

COMPLAINANT: Law Society of New South Wales

RESPONDENT: Philip John Pollack

Mr A Martin (Chairperson) ( Judicial Member ) TRIBUNAL: Ms R Cox Mr R Gietzelt

GROUNDS OF COMPLAINT: Professional Misconduct

DATE OF JUDGMENT: 10/07/1998

Complainant: Mr D Hipsley LEGAL REPRESENTATIVES: Respondent: Mr B Miles

The Council of the Law Society of New South Wales (the "Law Society") has informed the Legal Services Tribunal (the "Tribunal") of a complaint of professional misconduct against Philip John Pollack (the "Solicitor").

The grounds on which the complaint was made include ten alleged breaches of section 61(1) of the Legal Profession Act 1987 (the "Act"), two alleged breaches of regulation 32(2) of the Legal Profession Act Regulation 1994 , one alleged breach of section 61(2) of the Act and alleged breaches of regulations 27(2)(b) and regulation 27(2)(c) of the Legal Profession Regulation 1987 .

Section 61(1) and 61(2) Section 61(1) states:

"If a solicitor, in the course of practising as a solicitor, receives money on behalf of another person, the solicitor shall:

(a) hold the money exclusively for the other person; and

(b) ensure subsection (2) and the regulations are complied with in relation to the money." Section 61(2) states:

"Money received on behalf of another person by a solicitor in the course of practising as a solicitor:

(a) shall, except where the person on whose behalf the money is received otherwise directs, be paid, within the prescribed time, to credit of a general trust account at a bank in New South Wales and be held in accordance with such regulations as may be enforced in relation to trust money."