The ACT Law Society has issued a warning about unqualified practitioners. Photo: Michelle Kroll.
Many seek a lawyer’s advice to help them navigate the challenging moments of their lives, but if you unsuspectingly choose an unqualified practitioner, this can be devastatingly life-changing.
The ACT Law Society has issued a warning to the Canberra community as the rise of unqualified legal practice is becoming a growing concern across Australia, particularly with the increasing use of online platforms such as Airtasker and social media.
Individuals with no formal legal training or accreditation have offered services like legal advice, document drafting and even court representation – often falsely claiming to hold legal qualifications.
“Using someone who isn’t a qualified lawyer can put you at real risk,” Law Society president Vik Sundar said.
“They might give you the wrong advice, delay your matter, or stop you from getting what you’re entitled to.
“They’re also not covered by professional insurance if things go wrong.”
The Law Society provided an example of such a person in Canberra.
An ACT legal practice told the society about a former employee who had misrepresented themselves as being admitted to legal practice and holding a practising certificate.
The person had been recruited based on a CV that falsely indicated they had been admitted to the ACT Supreme Court roll and possessed a practising certificate.
“Subsequent checks confirmed that the individual had never been admitted to practise nor issued a practising certificate,” a society spokesperson said.
“The employer terminated the individual’s employment upon discovering the misrepresentation.”
Law Society president Vik Sundar: “Using someone who isn’t a qualified lawyer can put you at real risk.” Photo: Clear Law.
It is a crime to engage in legal practice without holding a current practising certificate.
“The ACT Law Society sought an injunction from the ACT Magistrates’ Court to prevent the individual from engaging in legal practice in the ACT while not an Australian legal practitioner and restraining the person from advertising, representing or implying that they are entitled to practise law,” the spokesperson said.
“The ACT Magistrates Court made orders by consent between the ACT Law Society and the individual to the above effect, as well as an order for costs in favour of the ACT Law Society.”
The society says the rise in unqualified practitioners undermined the integrity of the legal profession and exposed vulnerable members of the community to serious risks, including incorrect or harmful advice.
The ACT Law Society recently updated its public guidance on the risks of engaging unqualified legal practitioners as part of its ongoing commitment to upholding professional standards and protecting the public.
Community members can verify a person’s legal credentials before seeking legal help using these links:
- Check if your lawyer is licensed by visiting the ACT Law Society’s Find a Lawyer page
- Report unqualified legal work in the ACT by completing the Complaint Enquiry Form
- Find out more about the risk of engaging an unqualified legal practitioner at the ACT Law Society
