Slap on the wrist for lawyer practising without certificate

Queensland Civil and Administrative Tribunal’s (QCAT) Justice Kerri Mellifont, along with practitioner panel member Susan Forrest and lay panel member Patrice McKay, accepted Brown’s explanation that his use of the word “lawyer” in correspondence was not intentional.

It was on this basis that a public reprimand and a $3,500 pecuniary penalty were more appropriate than the “more significant sanctions” that would normally attach to this misconduct, they said.

“Brown has readily admitted that his thinking in that respect was not sufficiently clear, and that he ought to have been more careful in the way in which he conducted himself,” Justice Mellifont said.

The tribunal noted Brown fully cooperated with the Legal Services Commission in its investigation, including by participating in a compulsory conference before the first directions hearing.

“He has actively, and without fuss, engaged in the process of reaching agreement on the facts without any apparent attempt to minimise his conduct,” Justice Mellifont and the panel members said.

The commissioner brought 11 charges against Brown that related to his conduct with a company called Green Day Energy, including using a header that included the word “lawyer” in emails and letters.

VIEW ALL

In submissions to the tribunal, Brown said he was unaware that using the word “lawyer” in correspondence would be a contravention of the Legal Profession Act 2007 (Qld), in that he “may be ‘representing an entitlement to engage in legal practice when not entitled’”.

While his “honest belief” was that the title could give rise to a view he may be offering legal services, Brown said his fee agreements specifically stated he would not be providing “primary legal advice”.

“My use of the term ‘lawyer’ was only intended to convey the fact that I was admitted as a lawyer on the Queensland Supreme Court roll of solicitors – and whatever that might imply,” Brown said.

“It was wholly unintentional on my part during this period that I was actually or intending to provide primary legal advice or undertaking legal practice, but rather was seeking to provide commercial advice to deal with a commercial dispute.”

Citation: Legal Services Commissioner v Brown [2026] QCAT 209.