Vancouver lawyer Lubomir Ihor Huculak has been disbarred for professional misconduct in relation to 15 real estate transactions that occurred between 2011 and 2015.
The Law Society Tribunal hearing panel found that Huculak failed to make reasonable inquiries of his clients in the face of overwhelming objectively suspicious circumstances, and became the tool of an unscrupulous client and other persons.
One of the transactions in question involved Huculak's failure to identify and verify his clients, contrary to Law Society Rules. Huculak also misappropriated approximately $4,700 in trust funds, knowing he was not entitled to them, and by creating a false invoice.
The hearing panel considered numerous factors, including Huculak's previous disciplinary record, which consisted of similar conduct for failing to comply with client identification and verification rules.
The panel determined that Huculak poses a risk to the public were he to continue to practise law. The panel noted that during the Law Society investigation and hearing process Huculak demonstrated a defiant attitude toward any suggestion that he committed professional misconduct or that his practices should change. In light of the totality of the circumstances, the hearing panel concluded that the only appropriate sanction was that Huculak be disbarred.
The hearing panel also ordered that Huculak pay costs in the amount of $10,001.88 within one year.
The panel's decision on Huculak's disciplinary action is available on the Law Society Tribunal’s website.