A judge has issued an order restraining bankrupt former Brisbane solicitor Michael Kemp from advertising or holding himself out as a lawyer – three months after his practising certificate was cancelled.
Brisbane Supreme Court Judge David Jackson today granted a Queensland Law Society application to restrain Kemp representing or advertising that he is entitled to engage in legal practice in breach of the Legal Profession Act 2007.
In late June, QLS cancelled Kemp’s practising certificate on the grounds he had been declared bankrupt and was “no longer a fit and proper person” to be a solicitor.
QLS Proctor has learnt that an additional condition of Kemp’s practising certificate cancellation is that he is banned from applying for another for a period of five years.
Kemp had continued to offer his legal services via social media accounts in which he promoted his no-win/no-fee personal injury assistance referral service, trading under the name Kemp Help.
A schedule tendered to the court revealed Kemp had been offering his services on Facebook, Instagram and LinkedIn between 6 July and 27 August 2021.
On his ‘Call Kempy’ Instagram account, Kemp claimed to be a “Personal Injury & Motor Vehicle Accident Expert” and that he had “been swamped lately but will endeavour to respond as a matter of priority”.
On 11 August 2021, Kemp posted the following message on his personal LinkedIn account: “Excited to announce I’m #OpenForBusiness and providing services on LinkedIn. Check out my services page for Marketing Consulting.”
On 18 August 2021, Kemp posted: “Last of 9 new clients in 3 days and now off to Townsville to try to match it … Seriously thank you for all the support and referrals.”
The QLS injunction application had been scheduled for hearing in the Supreme Court today, but Kemp consented to the order being made during a brief five-minute mention of the matter this morning.
As part of the order, Justice Jackson gave Kemp seven days to permanently delete his ‘Kemp Help’ Facebook and Instagram accounts and posts made on an ‘Official_Kempy’ (formerly ‘Call_Kempy’) Instagram account.
Justice Jackson also instructed Kemp to permanently delete all the posts listed in the schedule supplied to the court.
“If you, Michael William Kemp, do not obey this order within the time specified, you will be liable to court proceedings to compel you to obey it and punishment for contempt,” Justice Jackson’s order read.
Kemp was not in court for the brief hearing, however, Justice Jackson asked and received confirmation from counsel for Kemp that it was clear any breach of the order would be a contempt of court.