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Statement

Cassandra Banks

President of the Law Society of NSW

Law Society of NSW v Nathaniel Whitehall

The Local Court of NSW has today convicted Nathaniel Whitehall of, and sentenced him for, eight offences relating to unqualified legal practice under of the Legal Profession Uniform Law (NSW) 2014.

Mr Whitehall’s conduct included an appearance in court, signing documents describing himself as a lawyer/solicitor and preparing wills for clients.

Mr Whitehall does not hold, and has never held, a Practising Certificate from any jurisdiction in Australia, including NSW.

As a co-regulator of the state’s solicitor profession, the Law Society of NSW has a responsibility to help maintain public confidence in the administration of the justice and to protect the public and clients of law practices from unqualified people purporting to be lawyers.

People in need of legal advice and advocacy have a right to expect that the person they have retained to provide these services is qualified to do so.

Lawyers in NSW are subject to stringent ethical obligations including the paramount duty to the administration of justice, duties to the court and to advancing clients’ interests above their own. They are required to maintain the highest standards of integrity, honesty and fairness.

Mr Whitehall was fined a total of $4,500 and placed on three community correction orders for 12 months from today with standard orders, to be of good behaviour and to appear before the court if required.

The sentence imposed on Mr Whitehall today by the Local Court should serve as a deterrent to people tempted to falsely hold themselves out as being a lawyer and as a reminder of the consequences of such conduct.

The Law Society of NSW will act wherever necessary in order to protect the public and clients of legal practices from conduct that undermines confidence in the law and legal process and falls below the high standards expected of the legal profession in this state. Information on how to determine if someone is qualified to practice law in NSW can be found here.

As this matter may be subject to further proceedings, any