KELVIN KA CHUEN TANG

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

Kelvin Ka Chuen Tang solicited a secret commission/kickback of $12,500 in cash from an engineering contractor engaged by his client TFC, in breach of fiduciary duties, then lied to and misled the Legal Profession Complaints Committee to cover it up. The Tribunal found two grounds of professional misconduct involving serious dishonesty and found him permanently or indefinitely unfit to practice. The Full Bench of the Supreme Court of WA ordered his name be removed from the roll of practitioners. The Committee did not press for costs.

Duties found breached:

• Uphold public trust in the profession
• No baseless or threatened misconduct report
• No improper solicitation or touting

Aggravating factors:

• Serious dishonesty going to the heart of character, honesty and integrity
• Actively lied to cover up the first instance of dishonesty
• Failed to tell the Committee the truth for nine months, only admitting when presented with irrefutable documentary evidence
• Breach of fiduciary duties to client while providing legal services

Mitigating factors:

• Genuine remorse and insight (given little weight due to late admissions)
• Record of pro bono and community work
• Character references attesting to competence and value of legal services, including Cantonese/Mandarin language skills
• Personal circumstances including acrimonious marriage breakup and financial stress (found not to excuse conduct)
• Appearance before the court and direct, unqualified apology