John Sebastian Lukas [1995] NSWLST 10

The Legal Services Tribunal of New South Wales

CITATION : John Sebastian Lukas [1995] NSWLST 10 PARTIES : John Sebastian Lukas FILE NUMBER(S) : of 1994 CORAM: Mr J.W. Brennan (Presiding Member) - Ms S. Hale - Mr M. Megna CATCHWORDS: :- Professional misconduct of misleading a fellow practitioner gross delay LEGISLATION CITED: Legal Profession Reform Act 1993 Legal Profession Act 1987 CASES CITED: Allinson v General Council of Medical Education and Registration [1894] 1QB DATES OF HEARING: Thursday, 12 February 1995 DATE OF JUDGMENT: 11/17/1995 For Law Society of NSW Mr D Hipsley instructed by Mr F J Smith LEGAL REPRESENTATIVES:

For the Solicitor Mr P Capelin QC instructed by Lloyd & Lloyd

JUDGMENT:

John Sebastian Lukas – issues of professional misconduct of misleading a fellow practitioner, gross delay in an estate matter and failure to respond to a fellow practitioner's correspondence and telephone messages were alleged. The solicitor had been before the Tribunal in April 1992 in a matter of gross neglect which was proved and certain warnings were given. The solicitor gave evidence of remorse and character evidence was presented in his favour. The Tribunal found the allegations proved and ordered that the solicitor pay a fine of $10,000.00.

The Complaint This complaint was referred to the Legal Profession Disciplinary Tribunal (the Tribunal) by the Council of the Law Society of New South Wales (the Law Society) pursuant to a resolution of the Council on 2 December 1993 that in its opinion the solicitor may be guilty of professional misconduct and that a complaint be made to the Tribunal pursuant to Section 135(1)(c) of the Legal Profession Act 1987 (the Act).