The District Court has upheld the conviction and $4000 fine for a lawyer unlawfully holding himself out as a legal practitioner.
Rockhampton District Court Judge Jeffrey Clarke this week dismissed Robert John Kerr’s appeal against a criminal conviction imposed by a Gladstone magistrate in November 2024, as well as the sentence imposed.
Dismissing the appeal, Judge Clarke ordered Mr Kerr pay an additional $3000 in costs for the failed appeal.
Queensland’s Legal Services Commission secured a conviction against Mr Kerr, in the Gladstone Magistrates Court on 6 November 2024, for holding himself to be a legal practitioner and engaging in legal practice when he was not a legal practitioner.
The Commission has found that although Mr Kerr holds a law degree and is admitted to the Supreme Court of Queensland, he did not hold a valid practising certificate at the time of the offending.
“Despite this, over an extended period, Mr Kerr attempted to assist a client with a legal dispute over unpaid wages and loans, including by giving written and oral advice under the title of a ‘legal opinion’, drafting court documents and letters, filing and collation of relevant documents and attendance at court,” the Commission said.
“Over the course of the offending conduct, Mr Kerr also repeatedly referred to himself as a ‘lawyer’ and made reference to his qualifications, as evidence of his purported entitlement to engage in legal practice to both his client and the other party.
“Mr Kerr was convicted of two offences under the Legal Profession Act 2007 and was fined $4000 with the convictions recorded. Mr Kerr was also ordered to pay the Legal Services Commissioner’s costs.”
Mr Kerr subsequently appealed the decision – under section 222 of the Justices Act 1886 (Qld) – saying the magistrate’s decision to impose a “conviction is unjust and there has been a miscarriage of justice.”
In his decision Judge Clarke noted Kerr’s continued behaviour.
“The appellant (who continues to refer to himself as a lawyer and PhD candidate in the appeal documents – as if that was relevant to his status as a self-represented defendant) also had represented himself in the summary hearing held on 12 September 2024.
“(Kerr) was admitted as a lawyer to the Supreme Court of Queensland in 2016, held only a restricted volunteer solicitor practising certificate between 12 October 2016 and 30 June 2019, and did not hold a practising certificate in Queensland or elsewhere between the charged dates, 22 November 2022 to 12 July 2023.
“It was also an admitted fact that the appellant was not an Australian legal practitioner.”
Judge Clarke ruled the presiding magistrate had “correctly” taken into account all relevant evidence and submissions in ruling against Mr Kerr – including the recording of a conviction.
“Convictions should be recorded,” Judge Clarke said.
“There was no evidence about a negative impact that recording a conviction would have on (Mr Kerr’s) economic or social wellbeing, or chances of finding employment. The appeal against sentence is dismissed.”
He also ordered Mr Kerr pay costs of $3000 for the failed appeal.
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