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Court recognises danger fake lawyers pose to public

The Legal Services Commission recently secured an important conviction against an unqualified lawyer who had engaged in legal practice.

Surenda Raghoobar was convicted of engaging in legal practice when not entitled and ordered to pay a fine of $20,000 and costs of $3750. The conviction was recorded.

Importantly, the magistrate recognised that unqualified people engaging in legal practice came with a genuine risk of harm.

Given that Mr Raghoobar operated a sophisticated business over a 19-month period and pocketed in excess of $100,000, the potential for adverse outcomes for members of the public was deemed significant.

In light of the ongoing cost of living crisis, it is likely that more laypeople will be tempted to use fake lawyers and AI-powered on-line services. It is important that we ensure clients and potential clients are aware of the risks. There will be occasions where the public are unaware that the person holding themselves out as a solicitor is not appropriately qualified.

In her press release, the Legal Services Commissioner encouraged members of the public to report unqualified people engaging in legal practice.

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“Anyone with concerns about the conduct or qualifications of a legal practitioner should contact the Commission,” Commissioner Mahon said.

“We rely on your reports to investigate and prosecute unlawful operators in our community. If we don’t know about it – we can’t do anything about it.”

In addition to the Commissioner’s remarks, QLS emphasises it is vital that practitioners report fake lawyers when they are encountered. These shadowy operators divert clients from properly qualified and licensed solicitors, which is a recipe for disaster. Reporting them is consistent with our duty to the courts and the administration of justice.

Lawyers have a duty to stand up for the rule of law and protect the public from its absence. We cannot ignore dangerously unqualified operators taking advantage of laypeople, both because of the financial and emotional toll it takes on them and the substantial damage such operators do to the trust between the legal profession and the community.

The LSC has shown that it will take serious action against fake lawyers; we need to make sure we aid them in this process.

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