Lawyer without PC hit with $4000 fine

A Gladstone lawyer who was found to be engaged in legal practice without a practising certificate has been convicted and fined $4000.

Robert John Kerr was prosecuted by the Legal Services Commissioner for two offences under the Legal Profession Act 2007 (Qld), over his involvement in an unpaid wages case in which he gave written and oral advice as “legal opinion”; drafted court documents and letters; filed documents and attended court.

Mr Kerr, who is admitted to the Supreme Court of Queensland, did not hold a valid practising certificate at the time but repeatedly referred to himself as a lawyer, and referred to his qualifications, as evidence of his purported entitlement to practise, to both his client and the other party.

In Gladstone Magistrates Court yesterday, the sentencing Magistrate said as a former holder of a practising certificate, Mr Kerr knew or ought to have known the restrictions on practising. They also considered the long period of offending and the vulnerabilities of Mr Kerr’s client.

Commissioner Megan Mahon said the conviction should serve as a warning to anyone engaged in legal practice without a practising certificate.

“Unlawful operators pose a significant threat to Queenslanders and often prey on the most vulnerable members of the public,” she said.

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“The Commission takes all reports seriously and will continue to take steps to protect consumers of legal services in Queensland.”