Media Release - LSC v Fawcett

For Immediate Release 
21 November 2024
 

The Legal Services Commission has successfully prosecuted unlawful operator, Mr Nathanial Fawcett. 

Mr Fawcett was sentenced in the Richlands Magistrates Court on 19 November 2024, on one count each of engaging in legal practice when not an Australian Legal Practitioner and representing an entitlement to engage in legal practice when not entitled to do so. 

At the time of offending, Mr Fawcett was employed full time as a paralegal but was not an Australian legal practitioner.  

The conduct in question was brought to the attention of the Commission by Mr Fawcett’s former employer, who identified that Mr Fawcett had been engaging directly with clients and carrying out legal work without their knowledge. 

Mr Fawcett had first contacted one of the clients by responding to a post in private Facebook group, where the client was seeking help and information on a family law matter. Mr Fawcett responded to the post and offered assistance, then subsequently engaged in a variety of legal work, such as the preparation of court documents, gave advice on prospects, liaising with the court on behalf of the client and instructing counsel. By his actions, Mr Fawcett represented that he was entitled to engage in legal practice when he was not entitled to do so, which is an offence under the Legal Profession Act 2007 (Qld). 

Magistrate Shearer ordered that Mr Fawcett pay a fine of $3,000 and the conviction was recorded.

Commissioner Megan Mahon has expressed concerned that there is an apparent increase in unlawful operators providing legal advice and other legal services, with a growing presence on social media and other online platforms. Commissioner Mahon highlighted her previous comments and continues to encourage anyone seeking assistance or advice in any legal matter to make sure that the provider of that advice is a qualified legal practitioner. Only then are they protected by the significant regulation and safeguards put in place by the operation of the Legal Profession Act in Queensland.

Commissioner Mahon has previously prosecuted unlawful operators using social media and other online platforms to offer legal advice and advertise unqualified legal services, and then engage in legal practice when not entitled. The Commission will continue to respond to information about these illegal actions, which provide unacceptable risk to Queenslanders and vulnerable persons. 

Using online platforms or purporting to provide legal services by any manner, when not a practising lawyer, poses a great threat to the public given the advice is not only unqualified but usually poor advice. Unlawful operators also do not have the appropriate indemnity insurance, leaving people exposed should things not go well.

Unqualified providers of legal services are typically individuals who are engaging in the practice of law without holding a practising certificate, and more often, without any qualifications at all. It is an offence to do so, and they can be the subject of criminal prosecution as an ‘unlawful operator’ under the Legal Profession Act 2007.  

The Legal Services Commission is an independent regulator of the legal profession in Queensland, which includes ensuring persons not entitled to practice law or represent themselves as lawyers, solicitors, or barristers when they are not, are dealt with appropriately. 

Any suspected offences under the Legal Profession Act 2007, including unlawful operation, should be referred to the Legal Services Commission. Further information can be found at lsc.qld.gov.au. 

ENDS 

Media Contact: Legal Services Commission, 07 3564 7726