A solicitor who ‘borrowed’ nearly pnds stlng 8,000

A solicitor who ‘borrowed’ nearly pnds stlng 8,000 from
a grieving widow’s account to prop up his ailing practice today
(Friday) escaped jail ‘by a whisker’.

Lawyer Gary Hersh, 36, raided the estate of the late
John Nielson, who died in a freak accident when using an electric
lawn mower.

His heart broken widow, Mrs Margaret Nielson, intended to
use part of her deceased husband’s estate to sue the lawn mower
manufacturer.

Ironically, Hersh was one of three solicitors Mrs Nielson
approached to handle her late husband’s estate who turned out to
be dishonest, Southwark Crown Court heard.

Prosecutor Mr Nigel Peters said Hersh, in sole private
practice, was administrating the estate of Mr Nielson for his
‘unfortunate widow.

‘
‘I say unfortunate for on three occasions she fell into the
hands of solicitors who did not conduct themselves within the law,’
he said.

The court heard Mrs Nielson, of Muswell Hill, North London,
went to Hersh in early 1988 after becoming involved with another
lawyer who had been jailed for an unconnected fraud.

Mr Peters said all appeared to go well initially – Hersh
paying off on instructions a number of debts owed by the estate of
the late Mr Nielson.

The widow planned to use the pds stlng 30,000 balance to sue
the lawn mower manufacturer.

But, counsel said, in July, 1989, Hersh transferred pds stlng
7,720 from his client’s account to his own office account for his
firm in Park Road, Muswell Hill, north London.

Mr Peters said: ‘At that stage he may well have been borrowing
or helping himself to that money for a short time so the perilous
position he was in financially was assisted.

‘Therefore money belonging to the estate was moved to the
office account.

‘
Hersh, married with one young son, of Lockley Crescent,
Hatfield, Herts, admitted false accounting, prompted an investigation
of the practice when he complained to police that his own money was
being stolen by colleagues and employees in his property companies.

The Law Society, the lawyers’ governing body, investigated
the company and suspended Hersh from practicing after discovering
the swindle.

It will continue its action against Hersh following today’s
sentence.

Mrs Nielson, exasperated, dismayed and shocked by Hersh’s
criminal behaviour, could barely believe her misfortune when a
third law firm she approached was later investigated for fraud.

Mr Peters said: ‘The only good thing for Mrs Nielson is
that she received her monies back – but through Law Society
insurance.

‘
Judge Robin Laurie, who fined Hersh pds stlng 5000 and
ordered him to serve 50 hours of community service, said: ‘Dishonest
accounting by solicitors is the bane of that profession and it is
far too prevalent, especially between client and office accounts
and it is the source of almost every solicitor going down the drain
for vast sums of money.

‘It is a form of professional dishonesty which is not to be
tolerated.

You escaped prison by a whisker.

‘
The judge noted that the Crown accepted that Hersh did not
transfer the money for his personal advantage and may not have been
wholly and morally to blame for his inability to pay back the
pnds stlng 7,720.

Hersh was given until August to pay the fine or face
three months prison in default.

Mr Paul Staddon, defending, said Hersh’s career as a
solicitor was over.

‘There is no question of him acting as a solicitor again,’
he said.

‘He feels deeply ashamed for what he has done and the worry
that he has caused Mrs Nielson and the shame he has brought to his
family.

‘
Mr Staddon said Hersh had started a new business as a mortgage
broker for commercial properties.

ends