Philip John Pollack [1993] NSWLST 10

The Legal Services Tribunal of New South Wales

CITATION : Philip John Pollack [1993] NSWLST 10 PARTIES : Philip John Pollack FILE NUMBER(S) : of CORAM: Ms A Plotke (Presiding Member) - Mr A. Edgar - Dr U. Gault CATCHWORDS: Professional Misconduct - breach of s. 61 of the Legal Profession Act - Professional Misconduct - fail to act honestly - Professional Misconduct - misappropriate trust moneys/moneys :- LEGISLATION CITED: Legal Profession Act 1987 CASES CITED: DATES OF HEARING: 27/07/93 - 01/09/93 DATE OF JUDGMENT: 09/01/2001 Mr I. Wales Mr F. Smith LEGAL REPRESENTATIVES: Mr J.R. Young Barkell & Peacock

JUDGMENT:

The Legal Profession Disciplinary Tribunal In the matter of Philip John Pollack Reasons for determination and orders

Before: Ms A. Plotke (Presiding Member), Mr A. Edgar and Dr U. Gault.

Appearances: Mr I. Wales (instructed by Mr F. Smith) appeared for the Law Society of New South Wales Mr J.R. Young (instructed by Barkell & Peacock) appeared on behalf of the Solicitor. Hearing date: 27 July 1993

This complaint was made under Section 135 of the Legal Profession Act 1987 ("the Act") by the Council of the Law Society of New South Wales ("the Law Society") against Philip John Pollack ("the Solicitor").

Particulars of the complaint were that the Solicitor wilfully contravened Section 61 of the Act.

The Law Society in the complaint requested the making of the following orders: 1. Such orders as to the Tribunal seems appropriate. 2. That Philip John Pollack pay the costs of the complainant of these proceedings. Attached to the complaint were further particulars pursuant to Section 135 of the Act. These further particulars asserted that the Solicitor wilfully contravened Section 61 of the Act in relation to the matters of Graham Martin, D. Ferrara, C. Moss and Whitehouse.