A non-lawyer who undertook legal work on behalf of a client, has been found guilty of engaging in unqualified legal practice.
Keysborough resident Mr Lew Batten appeared before the County Court in December 2013 after appealing a 2012 conviction in the Magistrates’ Court. Mr Batten had been found guilty in the Magistrates’ Court on one count of engaging in unqualified legal practice and one count of representing that he was entitled to engage in legal practice when he was not a lawyer.
The charges were laid against Mr Batten by the Legal Services Board following allegations Mr Batten was undertaking legal work associated with his representation of a woman in a civil matter in court. An investigation commenced by the Board found Mr Batten had prepared a power of attorney, prepared and filed paperwork with the Magistrates’ Court and issued a bill for his work. Mr Batten had also referred to himself in the power of attorney document as a being ‘legal representative’ although he held no legal qualifications.
When brought before the Magistrates’ Court, Mr Batten pleaded guilty to both charges and was convicted, fined $1,500 and ordered to pay the Board’s costs of $7,400.00. Despite his plea, Mr Batten appealed his conviction and sentence, which was heard in late 2013 in the County Court. His Honour Judge Parrish, of the County Court determined:
‘… when one looks objectively at the facts so found, the only reasonable inference open was that the appellant advised, represented and negotiated on behalf of [the client] throughout his engagement as would a legal practitioner.’
Judge Parrish found both charges proven, convicted Mr Batten and fined him an aggregate of $5,000. Mr Batten was also ordered to pay the Board’s costs of $25,000.