NSW Charged with acting as solicitor unqualified

[Jaywoo220]

Under section 10 of the Legal Profession Uniform Law (NSW) (Uniform Law).

For representing myself.

Facts sheet states I sent a defamation concerns notice to witness in criminal proceeding stating:

"We act for ******* ******"* (me) and ask you to stop defaming our client."

"We request withdrawal of defamtory imputations or we will commence legal action."

On behalf of,

****** *********.

I was not asking them to lie but stating I am commencing legal action if you continue to lie and make defamatory comments about me.

I did commence legal proceedings.

Please help/advise.

 

[Bananatree]

Why did you not just send the initial letter from yourself? From the above letter then yes, you have impersonated a lawyer and therefore i would suggest you would have a hard time with the charges brought. I would also suggest that if they are witnesses in a matter you should not have been threatening defamation proceedings through a letter and instead disprove them through legal avenues related to the original case. Therefore this may also be an issue for you regarding the initial matter.

 

[Docupedia]

So, the question is: Who was the letter actually from - that is, who was the name on the 'letterhead'?

Is there anything on that concerns notice which appears to show something along the lines of?:
- That the notice is from anyone else but you personally, by name; or
- That you're a lawyer, solicitor, barrister, etc.

From what you've said, it appears:
- This isn't about sending a concerns notice to a witness.
- It's not about whether or not you instituted legal proceedings (or threatened to).
- It is about holding yourself out as engaging in legal practice when not qualified to do so.

 

[Jaywoo220]

1. I was using an old template of concerns notice I had and have a habit of speaking in third person when trying to wrote correspondence in an onjective fashion.. There was no letterhead of legal firm or anything.

2. The limitation period to start legal proceedings expired on the 20th January 2021, and I started legal proceedings on the 19th.

 

[Jaywoo220]

Docupedia:

1. It is my name on the letterhead. Essentially, there is no letterhead but my signature and address at the bottom.

2. Nothing that is from anyone else personally by name. It is only my name.

3. Nothing that states I am solicitor, barrister, Only "we are instructed to start legal proceeding if defamatory statements are not withdrawn."

4. My argument is that I am not engaging in legal practice but self representing my legally enforceable rights.

Any further advice or thoughts?

 

[Docupedia]

Then without further information it would appear someone has made an error. Anyone with the requisite mental competence who is not specifically disqualified (such as being declared vexatious) can self-represent in NSW courts - see s7.1 of the Uniform Civil Procedure Rules.

Here's a document I found that may be of assistance: https://www.lawsociety.com.au/sites/default/files/2018-03/Unqualified.pdf

Might be worth making contact with whoever issued the thing to clarify, "Are you wanting to prosecute me for acting for myself?"

 

[Jaywoo220]

Thanks Docupedia.

The police are trying to get me for anything, and to make out I am vextasious because I took action against them, Nsw Police, for trespass.

They also charged me with 3 * influence witness, under s323(a).

I will check out the ucpr and link.

Thanks.

 

[sammy01]

"We."
Who is WE?
So let's see if it passes the BBQ test. Would a reasonable person read that and have reason to think it was written by someone other than YOU? the answer is YEP.

"On behalf of" - sounds like someone is writing on your behalf.

Let's raise bar to beyond the BBQ test to the intimidating witness test. So you wrote this letter to someone who is a witness in a criminal case. Seems reasonable to guess that YOU are the accused in this criminal case? Let me have that one as an assumption.... U'm. wow. Hey Jaywoo.... just some friendly advice. Maybe, just maybe instead of coming her and asking questions after the fact, with stuff like this where it is pre-meditated you ask for some neutral punters on this site to give you a heads up before you fcuk up again.

Look they might not get you for pretending you're a solicitor BUT they are gonna get you for intimidating a witness.

 

[Jaywoo220]

Ah, sammy I hope it makes you happy mate. Probably made your weekend. Always an expert in hindsight.

And it is not intimidate a witness, it is an influence witness, and I did not ask them to lie, I took legal action because they were lying. There is a difference.

 

[Rod]

It appears Jaywoo220 has upset the police for a few reasons, including standing up for his rights. I offer no opinion on whether he was right or wrong to do so because I do not have enough facts.

While the initial letter is badly worded, I can't see it crossing the line into a breach of the Legal Profession Uniform Law (NSW), especially as the people receiving the letter seem likely to know Jawoo220 is not a lawyer.

In either case, I suggest a clarifying letter be sent asap.