KELVIN KA CHUEN TANG

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

The WA State Administrative Tribunal found legal practitioner Kelvin Ka Chuen Tang guilty of professional misconduct on two grounds: (1) soliciting a $12,500 cash kickback/secret commission from an engineering business engaged by his client, for the benefit of his father's company, in breach of fiduciary duties; and (2) making false and misleading statements to the Complaints Committee and failing to be candid, to cover up the first misconduct. The Tribunal made express findings of serious dishonesty on both grounds. It concluded the practitioner lacked the character, honesty and integrity for legal practice and was permanently or indefinitely unfit. The Tribunal declined to impose a suspension as the ultimate outcome, instead resolving to transmit a report to the Supreme Court (full bench) recommending removal from the roll, suspended his practising certificate from 10 September 2021 pending that determination, and ordered costs of $11,750.

Duties found breached:

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

Aggravating factors:

• Serious and repeated dishonesty
• Ground 2 was a misguided attempt to cover up the misconduct in Ground 1
• Failed to correct false statements for nine months, only telling the truth when confronted with irrefutable documentary evidence (his own text messages)
• Prior disciplinary history (two matters involving grossly excessive fees), meaning no unblemished record
• Breach of fiduciary duties owed to client

Mitigating factors:

• Genuine remorse and insight into wrongdoing (weight reduced by delay)
• Full cooperation with the investigation and referral from 30 January 2019
• Record of pro bono and community work
• Competence and services valued by clients, including Chinese-language ability
• Personal circumstances including acrimonious first marriage break-up and financial stress (not accepted as excuse)
• Disciplinary history of a different nature to conduct in question