Synopsis: Unqualified Legal Practice

An often unseen aspect of the work of legal regulators is dealing with those who are not permitted under the regulatory framework to be providing legal services – in other words Unqualified Entities or Unlawful Operators. The importance of this area of legal regulation can’t be underestimated – typically this conduct involves vulnerable members of the community who through a lack of resources or power imbalance find themselves involved with these entities. This can lead to adverse outcomes without any of the usual protections afforded to clients of qualified legal practitioners. Further, these matters are typically characterised by delay which increase costs and can harm the mental well-being of consumers.

Regulators have seen an increasing trend of unqualified people seeking to provide legal advice and legal services, and more recently the rise of the ‘Sovereign Citizen’ movement has seen a new twist in the area. Legal regulators across the country strive to promote the maintenance of trust and confidence in the legal profession. This important objective is compromised by these unqualified entities, hence the implementing of effective regulatory action needs to be a key priority.  

This presentation will focus on the framework under the Legal Profession Uniform Law (2014) and the Legal Profession Act 2007 (Qld). It will highlight current trends in unqualified practice and the regulatory tools being used to deal with this conduct as well emerging challenges.

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Howard Bowles Manager, Intervention and Enforcement, Victorian Legal Services Board + Commission Howard has worked with the Victorian Legal Services Board + Commissioner (VLSB+C) for more than 10 years.  Prior to joining the VLSB+C Howard worked in private practice in commercial litigation. Howard is presently the Manager of the Intervention and Enforcement Team.  In this role Howard oversees the VLSB+C’s External Intervention, Fidelity Fund, Criminal Investigations and selected Project work. Notable achievements have included significantly enhancing the scope and effectiveness of External Interventions, implementation of asset forfeiture / recovery in Fidelity Fund matters, creation of the VLSB+C’s capacity to prepare complex Briefs of Evidence in indictable matters involving the conduct of law practice associates, including the issuing of criminal charges, and ongoing liaison with the OPP as part of the prosecution. Howard also oversees all aspects of the VLSB+C’s Unqualified Practice work.

Kellie Grainger Acting Director, Professional Conduct, Queensland Legal Services Commission Kellie is currently the Director Professional Conduct at the Legal Services Commission Queensland. Kellie has been at the Commission for 3 years and in her current role for 18 months. Her career in legal regulation started in the Top End. After 18 years in general private practice in regional Queensland, a move to Darwin saw her take up a role at the Law Society Northern Territory. Four years in the role of Manager Regulatory Services at the LSNT exposed Kellie to the breadth of the legal regulatory framework – as the primary regulator for the Northern Territory profession the LSNT was responsible for practising certificates, trust account and CPD compliance, and complaint investigation and prosecution, as well as playing a role in the admission process, law reform, etc.  She continued to have a key role in oversight of the LSNT’s regulatory function when she stepped into the role of Chief Executive Officer in 2016, a position she held for over 3½ years. Her return to Brisbane for family reasons in March 2020 ultimately led to Kellie taking up a position at the Commission.