Media Release - LSC v Kerr

7 November 2024
Unlawful operator sentenced in Gladstone 

On 6 November 2024 in the Gladstone Magistrates Court, the Legal Services Commissioner successfully prosecuted Mr Robert John Kerr for holding himself out to be a legal practitioner and engaging in legal practice when he was not a legal practitioner. 

Although Mr Kerr holds a law degree and is admitted to the Supreme Court of Queensland, he did not hold a valid practising certificate at the time of the offending. Despite this, over an extended period, Mr Kerr attempted to assist a client with a legal dispute over unpaid wages and loans, including by giving written and oral advice under the title of a ‘legal opinion’, drafting court documents and letters, filing and collation of relevant documents and attendance at court. 

Over the course of the offending conduct, Mr Kerr also repeatedly referred to himself as a ‘lawyer’ and made reference to his qualifications, as evidence of his purported entitlement to engage in legal practice to both his client and the other party.  

Mr Kerr was convicted of two offences under the Legal Profession Act 2007 and was fined $4,000 with the convictions recorded. Mr Kerr was also ordered to pay the Legal Services Commissioner’s costs. 

In sentencing Mr Kerr, the presiding Magistrate acknowledged Mr Kerr’s qualifications and that he previously held a practising certificate and so knew or ought to have known the restrictions on practising. The Magistrate also took into account the lengthy period of time of the offending and the vulnerabilities of Mr Kerr’s client, who had no understanding of the legal process or procedures, and therefore required qualified and insured legal assistance. 

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.  

Commissioner Mahon said that the conviction of Mr Kerr for these offences should serve as a warning for all persons who may be unlawfully engaging in legal practice or representing an entitlement to do so without the necessary qualifications and licence (which for a legal practitioner is a current practising certificate). Unlawful operators pose a significant threat to Queenslanders and often prey on the most vulnerable members of the public. The Commission takes all reports seriously and will continue to take steps to protect consumers of legal services in Queensland. 

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 against 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