Brian Arthur Phillips [1995] NSWLST 11

The Legal Services Tribunal of New South Wales

CITATION : Brian Arthur Phillips [1995] NSWLST 11 PARTIES : Brian Arthur Phillips FILE NUMBER(S) : of 1994 CORAM: Mr C. Robison (Presiding Member) - Ms S. Hale - Mr D. Hughes Professional Misconduct - breach of s. 61 of the Legal Profession Act - Professional Misconduct - fail to keep accounts - Unsatisfactory Professional Conduct - delay :- S.135 of the Legal Profession Act 1987 CATCHWORDS: failing to provide accounts in respect of fees for services provided by the Solicitor LEGISLATION CITED: Legal Profession Act 1987 Re Hodgekiss (1962) 62SR (NSW) ; CASES CITED: W F M Motors Pty Ltd v Maidwell (unreported 10 February 1994) ; Re Vickerv (1931) 1CH 572 DATES OF HEARING: Hearing dates: 18 October, 31 October and 1 November 1994; Dated this 25 day of January 1995. Darel Hughes 24 January 1995. EX TEMPORE 01/25/1995 JUDGMENT DATE : LEGAL REPRESENTATIVES: Mr N Nicholls instructed by Mr G J Still for the Law Society of New South Wales Mr J Webster instructed by Mr J Goold appeared for the Solicitor.

JUDGMENT: Brian Arthur Phillips was found guilty of unsatisfactory professional conduct by the Legal Services Tribunal, for delaying and failing to provide accounts in respect of fees for services provided by the Solicitor. The Tribunal also determined the Solicitor was guilty of professional misconduct for breach of S61(3)(b) and Regulation 8 of the Legal Profession Act 1987, in transferring funds from trust without the client's authority. The Solicitor was fined.

Complaint This Complaint was referred to the Legal Profession Disciplinary Tribunal as it then was by the Council of the Law Society of New South Wales ("the Society") pursuant to S.135 of the Legal Profession Act 1987 ("the Act").