Unqualified Persons and Disqualified Practitioners
Acting As Solicitor
Quick Take
1A person admitted as a legal practitioner but not holding a current practising certificate is not an 'Australian legal practitioner' under s 6(1) of the Legal Profession Act 2007 (Qld) and commits offences under ss 24 and 25 by engaging in legal practice or representing entitlement to do so.
2Engaging in legal practice under s 24(1) does not require multiple clients or receipt of remuneration; it is established by evidence of multiple activities of a kind usually done by a solicitor, done in such a way as to justify the reasonable inference that the person was a solicitor, assessed on an objective test.
3Lack of insight into the wrongfulness of unauthorised legal practice and absence of remorse are relevant sentencing considerations that may support a sentence emphasising general and personal deterrence, community protection and denunciation, even where significant mitigating factors exist.
