Professional Misconduct and Unsatisfactory Professional Conduct
Quick Take
1An Australian lawyer who remains on the roll but does not hold a current practising certificate contravenes ss 24 and 25 of the Legal Profession Act 2007 (Qld) by engaging in legal practice or representing an entitlement to do so, including by using the title 'Lawyer' on correspondence and by drafting legal agreements, providing legal advice, and corresponding with third parties in a legal capacity.
2A subjective belief that work is 'commercial and financial' rather than legal does not excuse conduct that objectively constitutes engaging in legal practice, applying the [name withheld] v [name withheld] test as approved in Legal Services Commissioner v [name withheld].
3Full cooperation with the regulator, absence of prior disciplinary history, and a signed undertaking not to re-offend are mitigating factors supporting a modest sanction of public reprimand and pecuniary penalty rather than more severe sanctions.
