Disgraced lawyer David Chen ordered to pay $75k to ACT Law Society

David Chen was the principal of a law firm since 2011 before ceasing his practising certificate after a client complained about being misled.

In a decision published on Wednesday, the ACT Civil and Administrative Tribunal ordered Mr Chen to pay the society $75,187.06.

This follows an event in March 2017, when a client had a matter they wanted to pursue against Comcare, mainly surrounding claims concerning his knees and psychological injury.

The client took part in a pre-hearing conference with Mr Chen, a junior solicitor and barrister.

During this meeting the barrister gave some "pessimistic advice", causing things to get heated and the client requesting Mr Chen find another barrister.

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Mr Chen was unable to find another barrister and sought an adjournment, however the senior member of the tribunal was not eager to delay and wanted to know why Mr Chen needed more time.

A false excuse was given that Mr Chen's daughter had a medical appointment and his firm may need to resign from the matter.

Later, Mr Chen admitted he said that in "hope to elicit some sympathy" but it did not work and the directions hearing went ahead.

For the hearing, Mr Chen told the tribunal and his client that the two psychiatrists to give evidence were not available when they in fact were on standby.

Likewise, Mr Chen said he was not available and at his daughter's medical appointment when he was not.

The client made a complaint to the law society, which proceeded to take the case in July 2019 against Mr Chen and won.

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