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NSW Criminal Law - Impersonation of People in Legal Professions - Criminal Offence?

Discussion in 'Criminal Law Forum' started by Roses1, 29 November 2015.

  1. Roses1

    Roses1 Active Member

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    Under Criminal Law, is it a criminal offence to impersonate a variety of Legal profession, such as Legal Agent, Family law representative and most recently a Legal Community Victim Advocate for the sole purpose of gathering and providing false information in respect to a family law property settlement to bring about a successful outcome for the other side?
     
  2. Sophea

    Sophea Well-Known Member

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  3. Tim W

    Tim W Lawyer

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    Please tell us the back story to this question?
     
  4. Roses1

    Roses1 Active Member

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  5. Roses1

    Roses1 Active Member

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    Hypothetically, let's say an ex decides to recruit an acquaintance to intimidate and manipulate an outcome. Why? Because intimidation is their forte. This acquaintance of the ex is provided with all contact details as well as access to their personal email i.e., solicitors, real estate agents etc., whatever involved. This acquaintance then hounds everyone concerned, sending emails (and a phone call) to solicitor's which ultimately inflated the applicants bill by astronomical proportions.

    The acquaintance rings real estate agents to bring down the market appraisal (let's say they were successful) stating that they were the "family law representative" representing the other side. The acquaintance also states that they have the right to be present at the hearing, and contribute to the negotiations, because, let's say, they are the mother of the ex's children, not. But unfortunately, an inflated bill, has led to the solicitor of the applicant not willing to spend any money to validate this claim on behalf of their client including the fact false claims were made for ongoing financial support, resulting in the inability to contribute to spousal maintenance.

    Let's say the outcome for the applicant is disastrous to say the least.

    18 months later, by accident the respondent discoverers that the mortgage has never been discharged and she remains guarantor. She retains the services of a solicitor who sends correspondence to the respondent. Again the acquaintance phones in response to the correspondence stating they are now a "Legal agent" acting on behalf of the respondent". Result, solicitor feels information received by the other side as a result of statements made by the legal agents conflicts with the applicant's claims entirely.

    The applicant decides to represent herself, goes to court to remove herself as guarantor. The respondent provides numerous affidavits. One, in particular, is from the acquaintance who previously claimed to be a "family law representative", "legal Agent" now states they are a "Legal Victim community advocate".

    There is much more to this hypothetical story.
     
  6. Rod

    Rod Well-Known Member

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    If in Vic I'd say possible fraud, conspiracy and incitement involved. If you have proof, civil charges for damages are also available and do not rely on having to get the police sufficiently interested to investigate.
     
  7. Anubis

    Anubis Well-Known Member

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    Yes, it is an offence to put yourself forward as a lawyer when not entitled to practice
     

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