David Alan McHenry

Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision

David Alan McHenry faced 30 charges arising from complaints by former clients and an investigation matter. Charges included gross failures to maintain reasonable standards of competence and diligence, deliberately false and dishonest representations to clients, other solicitors and the Law Society, and seven forgery charges (including forged Federal Circuit Court orders and a forged NSW grant of probate). Over many years he failed to progress clients' matters while fabricating elaborate stories of successful judgments and compensation, producing sham documents to conceal his inaction. The Tribunal found the conduct in charges 5 and 6 (Thornley) to be unsatisfactory professional conduct and all other conduct to be professional misconduct, expressly finding dishonesty. It recommended his name be removed from the local roll, ordered him to pay the applicant's costs on the standard basis, and adjourned outstanding compensation claims.

Duties found breached:

• No taking unfair advantage
• No conflict between current clients
• Handle inadvertently received material
• Competence
• Not misrepresent regulated status

Aggravating factors:

• Numerous charges (30) across many client matters
• Sustained deception over many years
• Fabrication of sham documents including forged court orders and probate documents
• Elaborate hoaxes perpetrated on vulnerable clients (e.g. elderly client aged 71, minor)
• Emotional harm to clients

Mitigating factors:

• No prior disciplinary history
• Did not contest or challenge the evidence