The Legal Services Commission has successfully prosecuted and fined unlawful operator Nathanial Fawcett this week.
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 as a full-time paralegal.
His conduct was brought to the attention of the Commission by Mr Fawcett’s former employer, who identified that he 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.
He responded to the post and offered assistance, then 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 $3000 and the conviction was recorded.
Commissioner Megan Mahon has expressed concerned 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.
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.
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