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Unlawful Operators

From May 2011

2018

LSC v Kellie Bond [2018]

The respondent was charged with, and pleaded guilty to, two offences, one under section 24 of the Legal Profession Act 2007 (the Act), by engaging in legal practice when she was not an Australian legal practitioner, and the second under section 25 of the Act, by holding herself out as a solicitor when she was not entitled to practise law.  While she did not accept money for her "legal services", she maintained a website that detailed her ability to practise in many areas of the law and acted for "clients" in their legal matters.  The sentencing magistrate was disturbed by the audacity of her conduct and sentenced her to a supervision order for three years.

2017

LSC v Nicholas Martin Braid [2017]

The respondent was charged with, and pleaded guilty to, two offences, one under section 24 of the Legal Profession Act 2007 (the Act), by engaging in legal practice when he was not an Australian legal practitioner, and the second under section 25 of the Act, by holding himself out as a solicitor when he was not entitled to practise law. He accepted money for his “legal services”. On each charge the respondent was sentenced to three months imprisonment, served concurrently with each other.

LSC v Reichman QDC [2017] 158

The respondent was charged under section 24 of the Legal Profession Act 2007 with engaging in legal practice when he was not an Australian legal practitioner. The respondent pleaded not guilty and, following a two day trial in the Brisbane Magistrates Court, was convicted of engaging in legal practice when not entitled to do so, and fined $1,500. It was found that he had attended several police interviews with various “clients”, and given them legal advice throughout. He had also signed a form claiming to be a solicitor. The respondent appealed the conviction, and the Legal Services Commissioner cross-appealed the sentence. Both appeals were dismissed.

2016

LSC v Jesse Adam Bond [2016]

The respondent was charged with, and pleaded guilty to, two offences: one under section 24 of the Legal Profession Act 2007 (the Act), by engaging in legal practice when he was not an Australian legal practitioner, and the second under section 25 of the Act, by holding himself out as a solicitor when he was not entitled to practise law, pretending to be employed by a fictitious law firm, BHLS partners.  For his breaches of the Act he was convicted and sentenced to a period of 4 months on each charge, served concurrently with each other.

2014

LSC v Reichman (Unreported, Magistrates Court of Queensland, Brisbane, Magistrate Thacker, 27 August 2014)

The respondent was charged with, and pleaded guilty to, two offences, one under section 24 of the Legal Profession Act 2007 (the Act) by engaging in legal practice when he was not an Australian legal practitioner, and the second under section 25 of the Act by the use of social media to hold himself out so that the public accessing such social media would believe that he was a legal practitioner. He was ordered to pay a fine of $1000, together with the costs of $1083.50. No conviction was recorded.

2012

LSC v McKee (Unreported, Magistrates Court of Queensland, Bundaberg, Magistrate W J Smith, 11 December 2012)

The respondent was found guilty in the Magistrates Court both of engaging in legal practice and representing himself as entitled to engage in practice when he was not an Australian legal practitioner, and therefore prohibited from doing so by sections 24 and 25 of the Legal Profession Act Qld 2007 respectively. The judgment relied on earlier judgments of the Supreme Court of Queensland in LSC v Beames and LSC v Walter (see below).

LSC v Beames [2012] QSC 327

The respondent represented that he was entitled to engage in legal practice when he was not an Australian legal practitioner. Beames described himself as a “lawyer”, “solicitor” or “legal practitioner” when witnessing documents. However his name was removed from the roll of solicitors on 17 November 2003: In the matter of Douglas Macleod Beames [2003] SCT/114. Held: the respondent engaged in conduct that would constitute an offence against s 25 of the LPA with injunction granted.

2011

LSC v Walter [2011] QSC 132

This decision provides guidance as to the conduct that may constitute engaging in legal practice. Section 24 of the Legal Profession Act 2007 prohibits a person from engaging in legal practice unless the person is a legal practitioner, ie., has a current practising certificate issued in accordance with the Act. The decision makes it clear that a person’s conduct does not have to be remunerated to breach that prohibition.

Last reviewed
4 July 2018
Last updated
24 September 2018

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