Unqualified people who give legal advice, provide legal services or represent others at court without revealing their unqualified status, are being warned by the legal regulator that they face the prospect of being prosecuted for unqualified legal practice.
Over the past six months the Legal Services Board has prosecuted three unqualified people in the Magistrates’ Court for unqualified legal practice; an offence which carries a penalty of up to two-years’ prison.
Board CEO, Michael McGarvie, said the law restricted who could offer legal services to protect consumers from substandard and inadequate advice and service.
‘Unqualified people cannot offer the same level of skill which qualified lawyers can, given their years of training and professional experience. Admitted and licensed lawyers are officers of the court and are bound by rules of conduct, breach of which can bring about severe penalties. Lawyers are also insured, which offers their clients an extra level of protection. Unqualified people don’t have insurance, so if something goes wrong, the client is left without any avenue of recourse.’
The most recent case prosecuted by the Board concluded in late January 2014 when an unqualified person, Ms Khristy Khan, appeared before the Magistrates’ Court on one count of unqualified legal practice. The Board had charged Ms Khan after she represented a friend before the Victorian Civil and Administrative Tribunal, and VCAT questioned her eligibility to do so.
The Court found that between March 2012 and January 2013 Ms Khan provided legal advice, drafted legal documents and appeared before VCAT, then billed approximately $9,000 for her work.
Despite her earlier insistence that she was only helping her friend and her continuing denial of the Board’s charges, Ms Khan eventually pleaded guilty and agreed to the facts presented by the Board.
In reviewing the matter, Her Honour Magistrate Lambden considered the long period of time over which the conduct occurred and the various types of legal work Ms Khan had undertaken. In particular Her Honour noted Ms Khan had continued to undertake legal work after VCAT questioned her about it, and also noted the significant sum Ms Khan charged for her work.
Highlighting the need to protect the public against people who are not qualified to undertake legal work, Her Honour convicted Ms Khan one count of unqualified legal practice, fined her $6,300 and ordered her to pay the Board’s costs of $6,400.
Two other cases in the past six months also led to unqualified people being convicted and fined for unqualified legal practice. In August 2013 Mr Geetha Somasundaram was convicted for calling himself a lawyer and providing legal advice to a business client, while in December 2013 Mr Lew Batten was convicted for referring to himself as a lawyer, filing paperwork with the Magistrates’ Court and billing for his work.