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Barrister prohibited from engaging in legal practice
A barrister who represented a police officer without a practising certificate has been forbidden from working as a legal professional.
Naomi Neilson
The NSW Supreme Court found Yu-Sheng Chen, or Alton Chen, to have practised as a barrister and paying floor fees at Edmund Barton Chambers despite not holding a practising certificate past June 2022.
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The state’s Bar Association said emails forwarded to them by the chambers indicated Chen represented a police officer in July 2022.
According to the emails, this included an appearance in court.
Further correspondence in February and March 2023 also indicated he was still “holding himself out as a barrister”.
Justice Richard Cavanagh said there was “ample evidence” to suggest Chen did hold a practising certificate and had “continued to hold himself out as a barrister and performed work as a barrister”.
“It is plainly in the public interest that he be restrained from doing so by orders of this court,” Justice Cavanagh said.
The NSW Bar submitted that it informed Chen he needed to renew his practising certificate but did not hear back from him.
The Bar learnt Chen was still practising when a barrister sent them a list of briefs that had been addressed to Chen.
When he became aware of the Bar’s concerns, Chen reached out and, in an affidavit, supported the finding he continued to practise.
“Having regard to the evidence presented in support of the application, I am satisfied that the defendant has been holding himself out as and has been continuing to practise as a barrister without having a practising certificate,” Justice Cavanagh said.
Justice Cavanagh added he was unable to determine “to what extent or on how many occasions that has occurred”.
In addition to being prohibited from engaging in legal practice, Justice Cavanagh also ordered Chen be forbidden from doing anything that states or implies he is entitled to engage in legal practice.
