Law Society of New South Wales -v- Bykowski [2002] NSWADT 165

CITATION: Law Society of New South Wales -v- Bykowski [2002] NSWADT 165 DIVISION: Legal Services Division APPLICANT PARTIES: Council of the Law Society of New South Wales RESPONDENT Joseph Bykowski FILE NUMBER: 002005 HEARING DATES: 19-20/07/01, 23-24/07/01, 19-20/09/01, 18-20/02/02 SUBMISSIONS CLOSED: 05/20/2002 DATE OF DECISION: 09/20/2002

BEFORE: Brennan JWF - Judicial Member; Greenwood J - Judicial Member; Costigan M - Member APPLICATION: Professional Misconduct - act in a conflict of interest - Professional Misconduct - breach of s. 61 of the Legal Profession Act - Professional Misconduct - fail to account - Professional Misconduct - fail to attend court - Professional Misconduct - fail to carry out instructions - Professional Misconduct - fail to communicate - Professional Misconduct - fail to keep accounts - Professional Misconduct - fail to pay third party - Professional Misconduct - gross negligence and delay/gross delay/delay - Professional Misconduct - inadequate advice to client - Professional Misconduct - lack of candour to Court - Professional Misconduct - lack of diligent representation - Professional Misconduct - loss of documents - Professional Misconduct - mislead client - Professional Misconduct - mislead Law Society/Bar Association/LSC - Professional Misconduct - mislead third party - Professional Misconduct - non compliance with clause 7 of Legal Profession Regulation 1988 - Professional Misconduct - overcharge - Professional Misconduct - transfer money without authority - Unsatisfactory Professional Conduct - conduct below expected standards of competence and diligence MATTER FOR DECISION: Principal matter LEGISLATION CITED : Legal Profession Act 1987 Allinson -v- The General Council of Medical Education and Registration (1894) 1QB750 CASES CITED: Re Michael Radin 1996 LPDR1 Re Veron; Ex parte Law Society of NSW (1966) 84WN136 Kennedy -v- The Council of the Incorporated Law Institute of New South Wales 1940 13ALJR APPLICANT REPRESENTATION: I Wales SC, barrister RESPONDENT J Loxton, barrister ORDERS: 1. That the Respondent is guilty of professional misconduct and unsatisfactory professional conduct.; 2. That the name of the Respondent Joseph Bykowski be removed from the Roll of Legal Practitioners.; 3. That the Respondent pay the Applicant Society's costs of and incidental to these proceedings.