The New Zealand Lawyers and Conveyancers Disciplinary Tribunal (Tribunal) has suspended lawyer Michael Lucas for one month after he accepted a charge of misconduct for failing to comply with a formal information request issued by a Standards Committee (Committee). The Tribunal found Mr Lucas' repeated failure to respond to a request for information that related to a complaint against him constituted a reckless contravention of his professional obligations. The Tribunal made orders censuring Mr Lucas and suspended him for one month from 7 September 2026. In addition, Mr Lucas was ordered to pay costs.
The requests for information arose from a complaint made against Mr Lucas in September 2024. The complainant alleged Mr Lucas failed to respond to her requests for information related to an estate matter. In February 2025, the Lawyers Complaints Service (LCS) notified Mr Lucas about the complaint by phone and emailed Mr Lucas a copy of the complaint that could only be accessed only via a link. The email asked for a brief response. Mr Lucas did not respond, nor did he respond to further reminders sent by the LCS, so the Committee issued a formal request directing Mr Lucas to provide the complainant’s file so it could consider the complaint. The information requests went unanswered. Mr Lucas later noted he was unable to access the links and requested the complaint information be re-sent without password protection, which he had difficulty opening. The LCS obliged in September 2025. However, it was not until November 2025, after the Committee referred Mr Lucas’ non-compliance with the information requests to the Tribunal that Mr Lucas responded to the Committee in relation to the complaint.
Mr Lucas accepted his failure to comply with the Committee’s information requests amounted to misconduct. The Tribunal noted the LCS could have taken a softer approach to check why he had difficulty opening the files but found Mr Lucas failed to take proper action that was available to him. The Tribunal emphasised standards committees cannot carry out their investigative functions effectively unless lawyers comply with information requests. The Tribunal found the Committee in this case could not properly address the complaint without Mr Lucas’ compliance and that his repeated failure to respond was misconduct.
In determining penalty, the Tribunal noted Mr Lucas had an almost unblemished history in his 55 years of practice. However, the Tribunal considered Mr Lucas failed to give attention to the Committee’s requests and in doing so put his regulator to much trouble, which should have been avoided. The Tribunal determined that a brief period suspension was the only way to properly hold Mr Lucas accountable and encourage other practitioners “to elevate similar requests to a proper level of priority”. Accordingly, Mr Lucas was suspended from practice for one month from 7 September 2026, censured and ordered to pay costs.