What Constitutes “Legal Work”?

(EXPANDED CASE NOTES)

DEAN -v- LEGAL PRACTICE BOARD [2015] WASC 260 (7 August 2015)

Mr Dean was found to have engaged in legal work for a Mr McCarthy by:

“advising him in connection to Family Court of Western Australia proceedings that he was involved in, advising him to initiate an application for the annulment of his marriage, advising him to lodge a caveat in respect of the former matrimonial home and drafting correspondence to be sent to Mr McCarthy’s wife in connection with the Family Court proceedings.”

In particular Mr Dean:

  • had an initial meeting where he was informed about the Family Law proceedings;
  • advised Mr McCarthy as to steps to take, including seeking a VRO
  • advised Mr McCarthy what to say to his ex wifes lawyers
  • told Mr McCarthy that he should apply for a divorce on the basis of annulment. Mr Dean prepared an application and the supporting affidavit. It was Mr Dean’s idea to file the application. He told Mr McCarthy that if the court granted a divorce on that basis, then his wife’s permanent residence visa would be revoked. Mr Dean provided a typed document and Mr McCarthy completed the blank fields with his handwriting.
  • attended court with Mr McCarthy. Mr Dean was going to represent Mr McCarthy as his McKenzie friend. The presiding Magistrate did not permit Mr Dean to act as his next friend and he did not grant the VRO to Mr McCarthy.
  • suggested to Mr McCarthy that he put a caveat on the property in Darlington so that it could not be sold without his authority.

The Judge found – “I am satisfied, and I am satisfied beyond a reasonable doubt that each of the accused engaged in legal practice either by preparing documentation in relation to Family Court proceedings or by giving legal advice about the appropriate course Mr McCarthy should follow in pursuit of a settlement.”

The decision was affirmed on Appeal.

The Legal Practice Board v Adams [2001] WASC 78 (30 March 2001)

Mr Adams was found to have acted as a lawyer when “he did directly or indirectly draw, prepare and sue out two writs of summons indorsed with statements of claim and commence two actions in the Supreme Court of Western Australia.”

“…On 8 December 1992, members of the White family met with Mr Adams at Mr White’s home to discuss the claim against Perpetual for outstanding money. Mr Adams told the White family that he had been extensively trained to become a solicitor and that he had previously been a practising solicitor for a number of years. The White family then agreed to retain him to recover the money thought to be owing to them by Perpetual on the basis that the White family would pay to Mr Adams 10 per cent of any sum of money which was recovered, either by legal action or by settlement of an action. The White family also agreed to pay Mr Adams for his out-of-pocket expenses, namely, travel from Perth to Mandurah and return, postage and telephone expenses. Mr Adams later reiterated to the White family on many occasions that he had had extensive legal training and that he had been a practising solicitor. He quoted cases of settlements, divorces and other legal matters in which he had been involved….”

“…In the weeks that followed, various meetings took place concerning advancement of the claim. Mr White said in evidence that the White family was advised by Mr Adams to issue notices of default to Perpetual in accordance with the requirements of the four deeds and the deed of novation and to commence legal proceedings…”

Mr Adams drafted two notices of default by hand and drafted a writ of summons and statement of claim against Perpetual.

Mr White said in evidence that Mr Adams went with him to the Supreme Court to ensure that the two writs of summons were issued out of the court.

The judge noted “in purporting to act as a consultant, Mr Adams may not have been fully aware of where the boundary lay between giving commercial advice with a view to assisting a claimant and acting as a solicitor

The Judge also quoted earlier cases:

28    In Barristers’ Board v Palm Management Pty Ltd [1984] WAR 101 Brinsden J had occasion to consider the meaning of the expression “administration of law”. He was of the view (at 107) that the expression “administration of law” is to be read as meaning “the practice of law” or “the practice of the law” and this meaning should be given to the phrase in s 77. He went on to suggest that the practice of law also includes the giving of legal advice and counsel to others as to their rights and obligations under the law and the preparation of legal instruments, including contracts, by which legal rights are either obtained, secured or given away, although such matters may not then or ever be the subject of proceedings in a court. If the giving of such advice and performance of such services affect important rights of a person under the law, and if the reasonable protection of the rights and property of those advised and served requires that the person giving such advice possess legal skill and a knowledge of the law greater than that possessed by the average citizen, then the giving of such advice and the performance of such services by one for another as a course of conduct constitutes the practice of the law.

 29    Further, he cited with approval a proposition emerging from the decided case that where an instrument is to be shaped from a mass of facts and conditions, the legal effect of which must be carefully determined by a mind trained in the existing laws in order to ensure a specific result and to guard against others, more than the knowledge of the layman is required. A charge for such service brings it definitely within the term “practice of the law”.

 30    It is apparent from Cornall v Nagle (supra) that where a person in bringing documents into existence exercises his mind as to what is the appropriate form of words to accommodate the particular case, then this can be regarded as drawing or preparing a legal document. A process of that kind goes beyond mechanical or clerical tasks and is of a kind required to be performed by a solicitor. Also see Attorney-General v Quill Wills Ltd (1990) 3 WAR 500; The Legal Practice Board v Said, unreported; SCt of WA (Scott J); Library No 940608; 31 October 1994.

LEGAL PRACTICE BOARD -v- GIRAUDO [2010] WASC 4 (14 January 2010)

 

The defence was summarised thus:

Mr Giraudo accepts that he prepared court documents and letters for Mr Domney, but says that this was only done as a secretary or scribe. He says that he gave no legal advice and that it was Mr Domney who controlled what was put in writing. He also accepts that he attended conferences with Mr Domney and others, but says that he did so only in a clerical capacity. He says that he became an employee of the business and wrote letters and attended conferences in that role.

 

The court found:

At the first meeting Mr Giraudo told Mr Domney that he was involved in ‘the legal business’. He told Mr Domney that he was a patent attorney and an international patent consultant and that he could therefore give legal advice. Mr Domney then told Mr Giraudo about a number of debts that were owed to him. Mr Giraudo advised that he could help Mr Domney recover these debts and prepare all the necessary court documents.

Mr Giraudo filed a responding affidavit in the present proceedings and gave evidence denying that he had ever represented himself as having legal skills. He said that he had referred to himself as ‘an intellectual property consultant’ and accepted that he had told Mr Domney that he might be able to help him recover a debt but denied saying that he could prepare any court documents.

 

Mr Giraudo wrote letters such as:

“I represent Euro Automobil Australia and I am today in receipt of your letter dated September 20, 2001 per Jean Galea. Adrian has engaged me to help resolve this matter.

I have been working through the facts and the issues to seek to determine exactly what has happened and who is liable for what. There are seven parties involved here and I am still unravelling the details.”

 

The Court provided useful observations about the correspondence written by Mr Giraudo:

…This letter goes well beyond merely recording the relevant facts. It considers and makes assertions in respect of the legal consequences of those facts. It is consistent with Mr Giraudo providing a legal analysis beyond that which would be expected of a lay person…

…In my view it is plain that in this letter he was representing his views as to legal issues on behalf of Mr Domney. His use of the word ‘client’ was intended to give the impression that Mr Giraudo was representing Mr Domney in respect of this legal dispute and that he had authority to do so….

…The plain meaning of the letter is that Mr Giraudo was conveying his own views, albeit on behalf of Mr Domney. It is clear that Mr Domney was relying on Mr Giraudo to contribute his own skills and abilities in endeavouring to resolve the legal dispute….

…Although Mr Giraudo persistently denied that the letter of 19 October 2001 contained any advice of a legal nature, it is my view that that evidence is entirely inconsistent with the words of the letter. The letter gives advice for resolving a legal dispute and shows an appreciation of the fact that Mr Domney was likely to require and rely upon that advice. As to the reference in the letter to not being skilled or qualified to assist with court proceedings, this only aggravates the circumstances by showing that Mr Giraudo was conscious of the need for qualifications. The best inference that could be drawn for him is that he may have been mistaken as to where the boundary lay regarding the need for qualifications…

 … the only reasonable interpretation of this letter is that it is making representations as to the law. These are representations being made by Mr Giraudo, albeit on behalf of Mr Domney. There is nothing to suggest that Mr Domney is the author of the letter, quite the contrary. Furthermore, by inviting the lawyers for the customs brokers to provide the legal basis for their client’s claim and any ‘precedent’ that supports it, Mr Giraudo is seeking to argue the legal merits of the dispute….

 … Despite Mr Giraudo’s valiant attempts to portray his presence at the pre-trial conference as being only that of a passive observer, it is apparent that he was there to assist Mr Domney and fully expected that Mr Domney would seek his advice as to how he should proceed. This reflects both the role played by Mr Giraudo and that Mr Domney relied upon him. He was not an impartial observer, but an advisor on how to resolve this legal dispute….

… Throughout his evidence, Mr Giraudo appeared to be under the mistaken impression that if all of the factual material upon which the letters and documents he created were based came from Mr Domney, his role could be described as secretarial in nature. In truth, however, it was clear from the evidence that whilst Mr Domney had provided the factual history, Mr Giraudo had placed that history into a logical format; had drawn conclusions as to the legal consequences; and had given advice and made recommendations in regard to those consequences….

 …. It was no answer to the Board’s allegations for Mr Giraudo to say that he was not the sole author of the documents which he prepared in the sense that Mr Domney had some input into them. By analogy where a lawyer acts upon the instructions of his or her client, the client provides some input into the documents that the lawyer prepares. That does not mean that the client is the author of the documents. The important distinction is that a lawyer applies some independent skill in how to present the material provided to him or her by his client and in giving advice and making representations as to the legal consequences. Mr Giraudo acted in a similar way in respect of Mr Domney….

VAN DER FELTZ  -v- LEGAL PRACTICE BOARD [2017] WASC 2

Mr Ric  van der Feltz’s advertisement on Gumtree said, in part:

“I can help you prepare to represent yourself in Court and with filling out Court applications and other Court documents and the drafting of affidavits.

I am not a Lawyer and do not give legal advice. I do have an overseas Law Degree and extensive experience representing myself in the Magistrate, District and Supreme Court and the State Administrative Tribunal (SAT) in commercial and administrative matters and helped others do the same.

You might just need some help to guide you through the Court system and that’s where I come in at a fraction of the cost of a Lawyer.

A first meeting is free and obligation free. If you decide to proceed I will charge a one off fee depending on the matter and the court.”

Mr van der Feltz denied “representing and advertising that he was entitled to engage in legal practice.”

The Supreme Court found, at par. 80 -82,  that the advertisement offered to perform legal work: “…The Magistrate found that the appellant represented himself in the advertisement as having an overseas law degree and as having experience in the Magistrates Court, District Court, Supreme Court and State Administrative Tribunal. This knowledge and experience was said to provide him with the ability to assist people to represent themselves, and in filling out court documents and drafting affidavits. His Honour found that notwithstanding that the appellant stated in the advertisement that he was not a lawyer and did not give legal advice, he indicated that he had the experience and ability to assist people with legal issues….”

“The necessary implication of the words of the advertisement was that the appellant would use specialised knowledge and experience to assist litigants. He represented himself as having skills in how a person should represent him or her self and how to complete documents. The fee structure implied that this work would be of more than of a clerical nature but would utilise the appellant’s claimed expertise in legal matters.”

When considering what constituted legal work the Supreme Court  quoted,  with approval, several decisions, which we repeat below with certain parts underlined for emphasis :

State Ex Rel Florida Bar and Sperry 1962 140 SO (2d) 597 [591]: –

‘It is generally understood that the performance of services in representing another before the courts is the practice of law. But the practice of law also includes the giving of legal advice and counsel to others as to their rights and obligations under the law and the preparation of legal instruments, including contracts, by which legal rights are either obtained, secured or given away, although such matters may not then or ever be the subject of proceedings in a court.

 We think that in determining whether the given of advice and counsel and the performance of services in legal matters for compensation constitute the practice of law is safe to follow the rule that if the giving of such advice and performance of such services affect important rights of a person under the law, and if the reasonable protection of the rights and property of those advised and served requires of the persons giving such advice possess legal skill and a knowledge of the law greater than that possessed by the average citizen, then the giving of such advice and the performance of such services by one for another as a course of conduct constitutes the practice of law.’

Legal Services Commissioner v Walter [2011] QSC 132 (27 May 2011)

 

The LSC sought an injunction to stop Mr Walter “engaging in legal practice in the State of Queensland when not an Australian legal practitioner.”

[14]        …This relatively broad approach to construing the term “engage in legal practice” is consistent with traditional notions of legal practice (i.e. those which were in place prior to the introduction of the LPA and similar legislation in other jurisdictions). In Downey v O’Connell [1951] VicLawRp 16; [1951] VLR 117, Gavan Duffy and O’Bryan JJ said at 122:

 “The common conception of a practising barrister or solicitor is that of a legally qualified barrister and solicitor who holds himself out to the public in general as willing to act as a direct and responsible personal confidential legal adviser, and to do, and be directly responsible for, legal work generally and who has clients for whom he does legal work in that way.”

[15]        More recently, in Cornall v Nagle [1995] VicRp 50; [1995] 2 VR 188, J D Phillips J, in construing the Legal Profession Practice Act 1958 (Vic), identified that a person who was neither admitted to practice law nor enrolled as a barrister and solicitor may be regarded as acting or practising as a solicitor in one of three ways:

  •  By doing something which, though not required to be done exclusively by a solicitor, is usually done by a solicitor and by doing it in such a way as to justify the reasonable inference that the person doing it is a solicitor;
  • By doing something that is positively proscribed by legislation or rules of court unless done by a duly qualified legal practitioner;
  • By doing something which, in order that the public may be adequately protected, is required to be done only by those who have the necessary training and expertise in the law.

 [16]      In the case before him, J D Phillips J considered it unnecessary to go beyond an example of the giving of legal advice as part of a course of conduct and for reward as an example of the third category of conduct, but said, at 208:

“In my opinion, the giving of legal advice, at least as part of a course of conduct and for reward, can properly be said to lie at or near the very centre of the practice of law, and hence the notion of acting or practising as a solicitor … If the public is to be adequately protected from those lacking relevant qualifications, then, in the context of a regulated legal profession, the giving of legal advice professionally is, I think, to be regarded as exclusively the province of those properly trained in the law and having the necessary expertise. It is thus something required to be undertaken only by the legally qualified, and not by those not properly qualified. Nor, if the protection of the public is to be adequate, can that protection be left to depend (as does the Sanderson test) upon whether the unqualified one declares that he has no legal training … [B]y prohibiting any unqualified person “acting or practising as a solicitor” s90 should be taken to encompass the giving of legal advice, at least in circumstances where there is a course of conduct involving the giving of that advice for reward. I go no further than that, only because it is unnecessary to do so in this particular case.”

 [21]       In short, the fact that a person is engaged in the business of providing legal services is indicative of that person practising law, but a person may be practising law without being in business. It is clear, for example, that an Australian legal practitioner can exercise the profession of law for clients without any entitlement to or expectation of reward or remuneration from those clients. But an Australian legal practitioner who habitually acts pro bono for needy clients can hardly be said to be not engaged in legal practice because he or she provides professional legal services without reward from those clients.

“…The respondent has been closely involved in the preparation and prosecution of no less than ten actions in the Supreme Court at Cairns which have been brought by various plaintiffs against the chief executives of a number of local government authorities, a State Government Minister and a number of other defendants. The material also discloses that the respondent’s involvement in this litigation has included providing advice to the plaintiffs to commence those proceedings, drafting correspondence, pleadings and submissions in the proceedings, at times corresponding on behalf of the plaintiffs with other parties to the litigation, and purporting to act as the agent of one of the plaintiffs, Mrs Burns…”

 [26]      Whilst there is no evidence that the respondent received remuneration for providing advice and other services to the plaintiffs in the ten actions to which I have already referred, there is evidence that he has solicited financial donations from members of the public to fund litigation of this nature. Moreover, it appears that he received remuneration to draw written submissions for the applicant in another proceeding in the Court of Appeal.

[27]      In short, the evidence makes it clear that this respondent has engaged, over a significant period of time, in a practice of:

(a) advising parties to litigation in respect of matters of law and procedure;
(b) assisting parties to litigation in the preparation of cases for litigation;
(c) drafting court documents on behalf of parties to litigation;
(d) drafting legal correspondence on behalf of parties to litigation; and
(e) purporting to act as a party’s agent in at least one piece of litigation.

[28]      To adapt the words of J D Phillips J, each of these matters can be said to lie near the very centre of the practice of litigation law. Taken in combination, and recalling that the evidence discloses that these services have been provided by the respondent for numerous parties over numerous years, it is clear to me that the respondent thereby carried on or exercised the profession of law, and accordingly can be said to have practised law.

Cornall v Nagle [1995] VicRp 50; [1995] 2 VR 188 (25 March 1994)

“…In each of the letters forming part of the correspondence relied upon, the defendant claimed to have been appointed as “attorney under power” and to be acting on behalf of the person or persons in question as her or their “attorney” (either with or without the additional description of “agent”). At no time did he claim to be an “attorney at law” or a “legal attorney” and therefore it was submitted on his behalf that the description he adopted in this correspondence was rather to distinguish his position from that of a solicitor, than to misrepresent it as such…”

“…All things considered, I do not consider that the use of the word “attorney” in these letters is itself a breach of the order of McGarvie J restraining the defendant “from using any name or title implying that he is qualified to practise as a Solicitor”. That would, I think, be going too far in view of the conjunction of that word “attorney” with the expression “appointed under the Instruments Act” – which, I should add, was the way in which the defendant used the word in the documents in evidence that were not letters…”

“…If the conduct is proscribed unless done by a properly qualified solicitor with a current practising certificate, then any one who indulges in that conduct but is not so qualified is, I think, “acting or practising as a solicitor”….In such a case there is no requirement that the unqualified one should have so acted as to lead to the reasonable inference that he is qualified; it is enough that he does the proscribed act…”


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(Do Credit Repair Businesses Offer To Provide Legal Services?)

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(Why Credit Repair work is, by its nature, legal work (and thereby reserved for lawyers))

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(‘I Am Not A Lawyer And [I] Do Not Give Legal Advice’ said the ad – OH YES YOU DO, said the Court)

Click HERE to learn more.
(Unqualified Legal Work Finished – Now To Just Refund All The Fees Charged And Pay All The Fines Imposed By The Court)

Click HERE to learn more.
(What Sort Of Work Constitutes “Legal Work”?)

Click HERE to learn more.
(What Constitutes “Legal Work”? (EXPANDED CASE NOTES))

About The Authors:

Graham Doessel CEO of Legal Practice Holdings & MyCRA Lawyers in conjunction with Patrick Earl, Senior Solicitor of Armstrong Doessel Stevenson Lawyers, a division of Legal Practice Holdings

What Sort Of Work Constitutes “Legal Work”?

Regardless of how you describe what you do, if you have an expertise beyond the average person in legal matters and offer to use your knowledge and skills to help someone, that may well be legal work. The type of work concerned can range from providing advice and writing letters, up to attending court.

Summary

The test for whether work is legal practice is the nature of the work itself, not how it is described by the person doing it.  People have described themselves as employees, clerks, attorneys under a power of attorney, as a Mackenzie friend or even “some help to guide you through the Court system” and been found to be in breach.

To call yourself an “attorney” is not enough to be found to be performing legal work.

There needs to be an assertion or expectation that the person holds a greater degree of knowledge or skill than the average person in relation to legal matters or issues and that the person makes that knowledge and those skills available for the benefit of others. The assistance has to go beyond clerical help in filling out forms.

The work itself can range from attending at a Court or tribunal, drafting court documents, drafting correspondence, advising on steps to take in Court, advising on strategies to take in a legal dispute, and providing advice on legal matters or legal rights generally.

A short summary of the sort of work that Courts have found to be legal work:

DEAN -v- LEGAL PRACTICE BOARD [2015] WASC 260 (7 August 2015)

The legal work involved:

“advising him in connection to Family Court of Western Australia proceedings that he was involved in,
advising him to initiate an application for the annulment of his marriage,
advising him to lodge a caveat in respect of the former matrimonial home and
drafting correspondence to be sent to Mr McCarthy’s wife in connection with the Family Court proceedings.”

The Legal Practice Board v Adams [2001] WASC 78 (30 March 2001)

The legal work:

“he did directly or indirectly draw, prepare and sue out two writs of summons indorsed with statements of claim and commence two actions in the Supreme Court of Western Australia.”

Barristers’ Board v Palm Management Pty Ltd [1984] WAR 101

The practice of law also includes the giving of legal advice and counsel to others as to their rights and obligations under the law and the preparation of legal instruments, including contracts, by which legal rights are either obtained, secured or given away, although such matters may not then or ever be the subject of proceedings in a court.

 If the giving of such advice and performance of such services affect important rights of a person under the law, and if the reasonable protection of the rights and property of those advised and served requires that the person giving such advice possess legal skill and a knowledge of the law greater than that possessed by the average citizen, then the giving of such advice and the performance of such services by one for another as a course of conduct constitutes the practice of the law.

 Further, he cited with approval a proposition emerging from the decided case that where an instrument is to be shaped from a mass of facts and conditions, the legal effect of which must be carefully determined by a mind trained in the existing laws in order to ensure a specific result and to guard against others, more than the knowledge of the layman is required. A charge for such service brings it definitely within the term “practice of the law”.

Cornall v Nagle [1995] VicRp 50; [1995] 2 VR 188 (25 March 1994)

There is no requirement that the unqualified one should have so acted as to lead to the reasonable inference that he is qualified; it is enough that he does the proscribed act.

Legal Services Commissioner v Walter [2011] QSC 132 (27 May 2011)

The legal work involved:

(a) advising parties to litigation in respect of matters of law and procedure;

(b) assisting parties to litigation in the preparation of cases for litigation;

(c) drafting court documents on behalf of parties to litigation;

(d) drafting legal correspondence on behalf of parties to litigation; and

(e) purporting to act as a party’s agent in at least one piece of litigation.

VAN DER FELTZ  -v- LEGAL PRACTICE BOARD [2017] WASC 2

“…The Magistrate found that the appellant represented himself in the advertisement as having an overseas law degree and as having experience in the Magistrates Court, District Court, Supreme Court and State Administrative Tribunal. This knowledge and experience was said to provide him with the ability to assist people to represent themselves, and in filling out court documents and drafting affidavits. His Honour found that notwithstanding that the appellant stated in the advertisement that he was not a lawyer and did not give legal advice, he indicated that he had the experience and ability to assist people with legal issues….”

“…The necessary implication of the words of the advertisement was that the appellant would use specialised knowledge and experience to assist litigants. He represented himself as having skills in how a person should represent him or her self and how to complete documents. The fee structure implied that this work would be of more than of a clerical nature but would utilise the appellant’s claimed expertise in legal matters.”

When considering what constituted legal work the Supreme Court  quoted,  with approval, several decisions, which we repeat below with certain parts underlined for emphasis :

State Ex Rel Florida Bar and Sperry 1962 140 SO (2d) 597 [591]: –

‘It is generally understood that the performance of services in representing another before the courts is the practice of law. But the practice of law also includes the giving of legal advice and counsel to others as to their rights and obligations under the law and the preparation of legal instruments, including contracts, by which legal rights are either obtained, secured or given away, although such matters may not then or ever be the subject of proceedings in a court.

 We think that in determining whether the given of advice and counsel and the performance of services in legal matters for compensation constitute the practice of law is safe to follow the rule that if the giving of such advice and performance of such services affect important rights of a person under the law, and if the reasonable protection of the rights and property of those advised and served requires of the persons giving such advice possess legal skill and a knowledge of the law greater than that possessed by the average citizen, then the giving of such advice and the performance of such services by one for another as a course of conduct constitutes the practice of law.’

Would you like more information about these cases? Click here


Click HERE to go to:
(Do Credit Repair Businesses Offer To Provide Legal Services?)

Click HERE to learn more.
(Why Credit Repair work is, by its nature, legal work (and thereby reserved for lawyers))

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(‘I Am Not A Lawyer And [I] Do Not Give Legal Advice’ said the ad – OH YES YOU DO, said the Court)

Click HERE to learn more.
(Unqualified Legal Work Finished – Now To Just Refund All The Fees Charged And Pay All The Fines Imposed By The Court)

Click HERE to learn more.
(What Sort Of Work Constitutes “Legal Work”?)

Click HERE to learn more.
(What Constitutes “Legal Work”? (EXPANDED CASE NOTES))

About The Authors:

Graham Doessel CEO of Legal Practice Holdings & MyCRA Lawyers in conjunction with Patrick Earl, Senior Solicitor of Armstrong Doessel Stevenson Lawyers, a division of Legal Practice Holdings

Do Credit Repair Businesses Offer To Provide Legal Services?

OPINION:  They Say No, But The Facts Speak For Themselves…

See  Specific Examples Below  – taken from various Credit Repairer websites
(See HERE for Fines & Penalties in other cases)

Chelsea Planning and Consulting Pty Ltd,
t/as Credit Fix Solutions

http://creditfixsolutions.com.au/

Is Legal expertise or Credit Repair expertise claimed?

“Talk to an expert”

“Our Director, Victoria Coster, has over 10 years experience in the credit, finance and legal industries.  She has the ability to quickly remove unfair defaults and court actions, with a success…”

“Our promise is to deliver complete & thorough investigations into default & court action removals.”

“As Australia’s leading credit repair company, we have over 10 years experience in the credit industry and we can quickly remove unfair defaults and court actions, with a success rate of over 95%.”

“We have helped over a 1000 Australians fix their credit and understand their credit scores and credit histories.”

“You can be confident that with our experience, knowledge and business awards under our belt that you are in safe hands.”

“Is spending money on credit repair going to be beneficial to you?

Contact us today to see if credit repair is a benefit to you.  Regardless of cost, as long as it’s a benefit then it is a service that you may want or need.”

“Our fees are reasonable, and definitely competitive in comparison with other major credit repair companies and our customer service levels are the best in the industry.”

“The fact is, that credit repair companies are needed, to advocate for people who do not have the knowledge or expertise in credit repair.”

“However, in many cases, people have complex disputes or issues with a credit provider, that need the attention of a credit repair specialist.

Fix my credit for free type service is therefore available, but not necessarily the best option, depending on what you need.”

“Our team update you regularly and you get a dedicated credit repair expert so you know you are with the best credit repair agency when you apply to fix your credit.”

Do they apply expertise and skill to a particular matter?

“Do you have unpaid debts that you need help with?  We don’t just remove unfair defaults and court actions that are paid.  At Credit Fix Solutions, our team can also negotiate any unpaid debts, often reducing the amount you pay by 70% or more. Where a default has been listed unfairly, and you need urgent credit repair, we can have the default removed…”

“Speak to one of our Consultants OR email us a copy of the report with your contact details and we will call you.

We will assess you within 5 minutes and let you know if we can help you.

Complete our application form and we are ready to start work.”

“Our expert advisors can provide you with professional credit repair services through the use of tools to identify the typical credit errors, build your credit, minimise your debt, and negotiate with collection agencies.”

“We negotiate with credit providers on your behalf to get a default or court action completely removed from your credit report.  This will improve your credit score, and can enable you to be approved for the loan that you have been declined for previously.”

“We are happy to negotiate any unpaid debts, often reducing the amount you pay by 70% or more.  This can save you thousands in debt, and can also help you with the phone calls from collections.  We will act as your advocate, meaning that all communications will come to our office on your behalf, leaving you free to get on with your life whilst we deal with the negotiations.

Where a default has been listed unfairly, we can even have the default removed before the debt is paid, and a small payment plan put into place where a lump sum payment is not financially possible.

“Where a default has been listed unfairly, we can even have the default removed before the debt is paid, and a small payment plan put into place where a lump sum payment is not financially possible.”

“The investigations they run are full and complete investigations…”

“In brief, investigating an inaccurate default listing takes time, knowledge and more time.  It can take up to 4 weeks just to get information from a credit provider about an account.”

“Defaults

We run a high level investigation with the credit provider. We request documents from them containing notes and other information on the account leading up to the default listing. As a default can only be removed when it is listed in error, we then go through the documents we receive with a fine tooth comb trying to find any errors with the listing. If we find an error (e.g. failure to offer financial assistance when needed) in the default listing we have the credit provider ask the CRB to remove the listing.  Find out more about your credit report or get a copy first and then we can discuss the contents and see if you need help clearing any bad marks.

Court Actions

We negotiate with the plaintiff and draft the necessary court documents for the plaintiff to sign. We then action this removal with VEDA and Dun & Bradstreet and confirm this with the client.  Send an email to a credit repair specialist to find out more.

Timeframe

In most cases up to 4 to 6 weeks. By law, credit providers have 30 days to respond to any request for information. In some cases we are able to have defaults removed in a matter of days depending on the urgency of the situation and how responsive the credit providers are.”

“We have successfully removed unpaid defaults of over $25,000. Often we can have clients enter a payment arrangement or even negotiate a reduced settlement.”

 “Contact us today to see if credit repair is worth it to you!”

“After a lengthy and difficult 12 week investigation, our team managed to remove both the commercial defaults.

Whatever your credit ailment, Credit Fix Solutions has the remedy for you.”

“All we need is a copy of your credit report and 5 minutes of your time and we can let you know if we can help you fix your credit report.”

“I can guarantee that within 5 minutes we can assess your credit report and let you know if we can help you fix it.”

“Our promise is to deliver complete & thorough investigations into default & court action removals.

We offer free consultations on your credit report and offer 100% no win no fee credit repair.

At Credit Fix Solutions, we do not charge anything until we show you that we have removed a default or court action that we’re working on and our fees are fixed and stated upfront.”

Does the sort of work being performed fall within the examples of other legal work?

  • Investigate your particular circumstances and determine if credit repair is right for you- (that is, they will advise on whether the legislation has been complied with in your particular circumstances)
  • negotiate with credit providers on your behalf
  • Court action removals
  • Negotiate with plaintiffs
  • Draft necessary Court documents

Malouf Group Enterprises:

Credit Clean Australia

http://www.creditcleanaustralia.com.au/

Legal expertise claimed?

Specialists in Bad Credit Repair Solutions Australia Wide

FAQ

If I deliberately did the wrong thing when I was younger and didn’t pay my account can a default still be lifted.

Yes. However only if the company has not followed legislation when listing the default or if it was disputable.

Can you guarantee you can remove my credit defaults?

No. Only if they have been not listed correctly or are disputable.

Is credit repair legal?

Yes. You as the consumer have the right to challenge any listing that is on your credit file that is disputable or has not been listed correctly.

Do you charge an administration fee?

No. Beware, some companies will charge you high fees just to look at your application and then a set fee per listing. We only charge one fee.

Does being approved for your services guarantee success?

No. However if unsuccessful through the credit reporting bodies we will then apply to the relevant ombudsman or courts if necessary at no extra charge.

“Our experts are ready to help you”

“Credit Clean Australia has been operating and assisting Australians with repair solutions for over a decade.

The CEO being a financial broker himself in the past, heavily involved in the credit impaired market has an understanding for the importance of having a clean credit file and the effects it can have on families and individuals, that’s why he has developed a large handpicked team at Credit Clean Australia to assist and cater for all your credit repair solutions.

The team at Credit Clean Australia understands that when it comes to repairing your credit file, time is important that is why we treat every case as urgent because the longer you wait, the bigger the problem can arise and the fewer options you may have available.”

“Why Good Credit is so Important?

On the right are some examples of the dramatic difference between good credit and bad. Now in Australia If you have dismissed, ignored or not paid your overdue account, companies still have to follow current legislation prior to defaulting your credit file. If this has not occurred, you may have a case for them to be permanently deleted through various avenues. At Credit Clean Australia we specialise in providing the knowledge and power of how to remove unfair, disputable and contestable negative listings from your credit file.”

Do they apply expertise and skill to a particular matter?

  1. phone call  – at your free consultation we will explain our services, how it works and how we could help you
  2. application  – if you are happy with our services offered you will complete a five-minute online application with the assistance of your consultant
  3. free investigation we investigate how these companies may have damaged your credit file based on information you have provided by running through our questionnaire
  4. acceptance  – based on our investigation process done through the questionnaire you must meet our minimum criteria which will result in being approved or declined for our services
  5. document submission  – documents are submitted to companies, credit reporting bodies, ombudsman’s or courts to apply for a positive outcome

 

Does the sort of work being performed fall within the examples of other legal work?

  • Investigation of credit listing to determine if it is able to be removed
  • documents are submitted to companies, credit reporting bodies, ombudsman’s or courts

Credit Fix Australia

http://creditfixaustralia.com.au/

Legal expertise claimed?

“the leaders in credit repair solutions”

Our Services Include-

  1.  Remove credit defaults
  2.  Remove clearouts
  3.  Remove court judgements

If you have dismissed, ignored or not paid your overdue account, companies still have to follow current legislation prior to defaulting your credit file. If this has not occurred, you may have a case for them to be permanently deleted through various avenues. At credit fix Australia we specialise in providing the knowledge and power of how to remove unfair, disputable and contestable negative listings from your credit file.

If I pay my credit default or court judgement, will that remove it off my credit file?

No. By paying these listings only marks them as paid, they will still stay on your file for the same period of time as if they were not paid. In some cases the person that listed them does not even go to the effort and inform the credit reporting agency to mark as paid either.

Do I need to pay my credit default to have it removed?

No. If the company has not followed legislation when listing the default then it may be grounds to remove it without paying it. If you owe the company money you are still liable for the amount outstanding however the negative listing may be removed.

I deliberately didn’t pay my account which resulted in a credit default, does that mean I have no chance of having it removed?

No. Even if you have done the wrong thing and not paid your account, companies still have to follow privacy laws prior to listing you. If they have not then the default may be able to be removed.

How long do these bad marks stay on my file?

Court Writs & Summons- 4 years. Payment Defaults, Court Judgments & Credit Enquiries – 5 years. Bankruptcy & Part 9 Debt/10 Agreements 5 years. Clearouts – 7 years. External Administration & Previous Directorships – 10 years

How long does it take to remove credit defaults?

Veda allows up to 30 days to investigate and update your credit file.

Do you guarantee that my credit defaults can be removed?

No. Not everyone can have them remove[d], only if the company has not followed legislation or if the listing is disputable.

Is credit repair legal?

Yes. You are within your legal rights to challenge a listing that has not be listed correctly

Do they apply expertise and skill to a particular matter?

“Credit fix Australia operates nationwide and prides itself on putting our clients first! Our friendly and experienced team understand the value of having a clean credit history and the severe affect [sic] it can have on individuals and families.”

“Our mission is to provide the knowledge and power to remove disputable and contestable listing and provide fast and efficient service at a competitive price”

We believe that assisting you with your credit history enables you to gain control and give you the options and power to get back in the driver’s seat were [sic] you belong. At Credit Fix Australia We treat every case as urgent as the longer you wait the bigger the problem may become and the less options you as the client many [sic] have. So why wait? A consultant is waiting to assist and work with you towards a positive outcome now”

I only have a small telephone account which is on my credit file from years ago for $150 dollars, should I bother applying for your service as it’s only small?

Yes. Even a small phone, electricity or any type of utility bill can have a dramatic effect on the interest charged on your loans and the outcome of your finance applications.”

 

Does the sort of work being performed fall within the examples of other legal work?

The website does not specify the work that will be undertaken but

  • Remove credit defaults
  • Remove clearouts
  • Remove court judgements

All seem to fall within legal work categories

Clean Your Credit

http://www.cleanyourcredit.com.au/

Legal expertise claimed?

“Welcome to Clean your Credit, helping thousands of Australians with bad credit”

“Delete defaults, judgments and clearouts?”

Apply expertise and skill to a particular matter?

  • Free appraisal to see if we may be able to help
  • Personal case manager to assist you with the process
  • Ongoing action plan
  • Best rates and fast service

“At Clean Your Credit we specialise in providing the knowledge and power to helping you get contested or disputed negative listings removed from your credit report for good. Many people don’t realise how often credit reports contain errors – your poor credit score may not even be your fault. Studies show that up to 30% of credit files have incorrect listings. With millions of files to maintain and thousands of transactions each day, it is all too easy for credit reporting agencies to make mistakes. Often, human error is the culprit.

This is a serious problem because bad credit can keep you from obtaining the things you need, from phone and internet service to credit cards and loans to auto or home financing. When creditors find derogatory items of  [sic] your credit report, you will be declined, regardless of your income, how long you’ve had your job, or how stable your residency has been. Poor credit will cause you to be instantly declined in most cases.

The good news is that Clean Your Credit can help you solve your credit problems. We are experts in the privacy and other laws that govern credit listing procedures. If a company has not followed legal processes perfectly, their report may not be valid, meaning that you have grounds to have the listing permanently removed from your credit history. We can help you identify mistakes, remove inappropriate listings, and regain control of your finances.

At Clean Your Credit, we know how important it is to get your credit problems sorted out quickly, and we strive to get you the results you deserve fast. Contact one of our credit repair consultants today to fix your credit once and for all.”

 

Does the sort of work being performed fall within the examples of other legal work?

The website does not specify the work that will be undertaken but

  • Remove credit defaults
  • Remove clearouts
  • Remove court judgements

All seem to fall within legal work categories

Credit Wash

http://www.creditwash.com.au/

Legal expertise claimed?

“Specialists in Bad Credit Repair Solutions Australia wide”

Our Services Include:

  • Remove credit defaults
  • Remove clearouts
  • Remove court judgements
  • Credit repair solutions

Voted Australia’s No1 Credit Repairs Solutions Company!

Do they apply expertise and skill to a particular matter?

“Welcome to Credit Wash Australia, home of the leaders in bad credit repair solutions. Bad credit in Australia is an ever growing problem. The effects of it are dramatic and it has the power to leave you financially crippled. Having clean credit is not a maybe, it is a must.

Credit Wash Australia specialise in providing the knowledge of how to remove disputable, contestable negative listings from your credit file and for good. In Australia more than 5 million Australians have been blacklisted by no fault of their own and a survey by Choice several years ago stated up to 30% of credit files have errors. One of Australia’s largest Credit reporting agency Senior Managers says with 14.5 million credit files on their books, and 16,000 transactions a day, mistakes can happen and quite often it’s human error.
(Statistics stated by Channel 7).

Now the major problem is once put into the category of having bad credit, when applying for any form of credit, e.g. phone, internet, credit card, business loans, car finance etc the first thing a creditor does is a credit check. Once discovered you have bad credit you are out cased [sic] by mainstream banks and unfortunately judged and frowned upon. Your income, job or residential stability and assets is [sic] not taken into consideration and usually will be instantly declined! Good news is we may be able to help. Prior to companies listing a default they are governed by privacy laws and legislation. If these procedures have not been followed to the tee it may be grounds to permanently delete them from your credit history, giving you back the financial control you deserve.

Our team at Credit Wash Australia prides itself on assisting you as soon as possible and getting your desired results fast. Contact one of our many credit repair consultants today, our friendly staff are waiting for your call.”

The same FAQ as the other MGE pages.

Does the sort of work being performed fall within the examples of other legal work?

The website does not specify the work that will be undertaken but

  • Remove credit defaults
  • Remove clearouts
  • Remove court judgements

All seem to fall within legal work categories

For a deeper understanding of what Malouf himself claims his companies do, we’ll take a quick look at a recent case (Veda Advantage Limited v Malouf Group Enterprises Pty Limited [2016] FCA 255) where Veda Advantage sued Malouf Group Enterprises for trademark infringement.

Summary of Malouf Group from Veda Advantage Limited v Malouf Group Enterprises Pty Limited [2016] FCA 255

  1. The Malouf business
  • Mr Malouf incorporated his business on 20 July 2005.  For the first five years of incorporation the business operated as a finance brokerage and he worked as a finance broker.  In that capacity he mainly arranged loans, both personal and business.  In the course of that work he came across many people with poor credit ratings for whom he would set up “bad credit loans”, which would carry high interest rates, and he became familiar with the credit repair process.  In 2010 or thereabouts he established a credit repair business of his own under the name “Malouf Group Enterprises” to capitalise on what he perceived as “a demand and an opportunity in the market” for such a business.
  1. The Malouf credit repair business grew.  Mr Malouf created other, related credit repair businesses with different business names “to maximise [his] exposure”.  He now operates five such businesses.  Relevantly they include Credit Clean Australia, Clean Your Credit, and Credit Fix Australia.
  2. Malouf is not a credit reporting body. Its target market is people with poor credit ratings and consequently adverse credit reports. It helps its customers to remove disputable or contested negative listings from credit reports compiled and maintained by credit reporting bodies such as those operated through the Veda companies. To that end it obtains credit reports (sometimes called “files”) on behalf of customers as an authorised “access seeker” under the Privacy Act. In the vast majority of cases Malouf obtains credit reports from Veda because, as Mr Malouf saw it and the evidence indicates, Veda was and is the dominant credit reporting company in Australia with (as Veda itself boasts on its website) the largest, most comprehensive and up-to-date credit data in the country.
  • Malouf competes with other credit repair businesses, including Credit Repair Australia, Clear Credit, Fix Bad Debt, and Credit Boost.
  1. Malouf’s businesses are operated as telemarketing platforms, where salespersons receive telephone calls from prospective customers, sourced from either television or internet advertising, and then discuss their services with the callers.  The prospective customer either telephones the particular Malouf business using the contact number from the website or advertisement belonging to that business or enters his or her details on the website and requests a return call.  Since November 2014, if a prospective customer (or an existing customer) telephones one of Malouf’s businesses he or she would hear two pre-recorded messages.  The first states, among other things, the name of the relevant business (such as Credit Clean Australia) and notes that the business is a “specialist in bad credit repair solutions”.  The second advises that the business provides “the pathway for you to remove unfair, disputable or contestable negative listings from your credit file”.
  2. After listening to the recording, the prospective customer is connected to a salesperson who supplies information about the services provided by the business and asks the customer questions contained in an application form.  The salesperson then advises the prospective customer that the application will be assessed and that he or she will receive a call back later.
  3. The salesperson has a script, is required to strictly adhere to the script, and is directed not to be distracted from it by anything the customer may ask.  The following words appear in bold typeface:

Please note no matter what the client says eg. Can I get a hair cut? are you veda? do you do loans? follow below word for word !!!!!!!!!

  • When the call back is made the prospective customer is asked some 22 questions to obtain information about his or her credit position.  If the customer is accepted as a suitable recipient of the credit repair services, the customer is asked to pay a one-off fee of $1,095 (including GST).
  1. With the authority of the customer, and in the capacity of an “access seeker” under the Privacy Act, Malouf orders the customer’s Veda credit report from Veda. Malouf obtains the Veda credit report by placing individual orders for each customer through Veda’s website for express, one day turnaround. It pays a fee of $69.95 for each Veda credit report.
  • Malouf (on behalf of its customers) spends approximately $300,000.00 per year in total obtaining Veda credit reports in supplying these services.
  1. Once Malouf receives the Veda credit report, Malouf then submits to Veda on behalf of the customer a request in writing to remove the negative listing on the customer’s credit report pursuant to the Privacy Act. The requests include the reason or reasons for removal.
  2. Malouf then sends to the customer an information pack containing various documents, including the Veda credit report, general information on how to remove disputable or contested negative listings from credit reports, general information about how to deal with collection agencies, general information on how to “maintain a clean credit report”, (where relevant) court forms for setting aside default judgments, and Financial Ombudsman Service complaint forms.
  3. Two days after lodging the submission with Veda a Malouf case manager telephones the customer to advise that a request to remove the negative listing has been submitted to Veda and that all correspondence from Veda to the customer in respect of the submission needs to be forwarded to Malouf.
  4. When Veda receives the request, it raises it with the credit provider responsible for the negative listing (that is, the bank or other financial institution which provided credit to the individual or corporation and listed the default).  If the credit provider’s response indicates that the complaint is valid, Veda removes the negative listing pursuant to its obligations as a credit reporting agency.  If the negative listing is not removed, a Malouf case manager will then send by email to the customer a questionnaire to complete and return to Malouf.
  5. On behalf of the customer Malouf then builds a case file for removal of the negative listing, that is to say a summary of the grounds for removal of the negative listing based on information provided to it by both Veda and the customer.  Malouf then provides the case file to the customer and asks him or her to contact the credit provider responsible for the negative listing.
  6. The credit provider then reviews the information provided by the customer from the case file and, if satisfied that the negative listing should be removed, asks Veda to remove it from the Veda credit report.  If the credit provider does not authorise the removal of the negative listing, Malouf submits a request to the Financial Ombudsman Service to investigate the matter further.
  7. While Veda corrects errors on the face of its credit reports, Malouf does not.  As Mr Malouf explained it in his affidavit of 14 July 2015:

[Malouf] assists customers remove disputable and contestable negative listings from their credit history when a Credit Provider has not followed privacy laws and/or credit reporting codes of conduct prior to listing the negative listing on the Veda Credit Report, including sections 6Q21(d) and 21D(3) of the Privacy Act and paragraph 9.3 of the [CR] Code.

  1. Malouf uses the Google AdWords program to advertise, promote and direct consumers to its websites.

Based on information from the Veda case, Malouf Group Enterprises claim to provide a personalised service to each customer, in the form of a “personal file” containing information about their circumstances, as a result of their investigations.

Assuming this “personal file” is based on an assessment of the client’s circumstances and the applicable law, it would be providing legal advice.


Click HERE to go to:
(Do Credit Repair Businesses Offer To Provide Legal Services?)

Click HERE to learn more.
(Why Credit Repair work is, by its nature, legal work (and thereby reserved for lawyers))

Click HERE to learn more.
(‘I Am Not A Lawyer And [I] Do Not Give Legal Advice’ said the ad – OH YES YOU DO, said the Court)

Click HERE to learn more.
(Unqualified Legal Work Finished – Now To Just Refund All The Fees Charged And Pay All The Fines Imposed By The Court)

Click HERE to learn more.
(What Sort Of Work Constitutes “Legal Work”?)

Click HERE to learn more.
(What Constitutes “Legal Work”? (EXPANDED CASE NOTES))

About The Authors:

Graham Doessel CEO of Legal Practice Holdings & MyCRA Lawyers in conjunction with Patrick Earl, Senior Solicitor of Armstrong Doessel Stevenson Lawyers, a division of Legal Practice Holdings

Why Credit Repair work is, by its nature, legal work (and thereby reserved for lawyers)

By claiming expertise in Credit Repair and offering to help with a specific client’s needs, Credit Repair businesses offer legal services. Whether they are legally allowed to is another question.

By Patrick Earl & Graham Doessel
(See HERE for Fines & Penalties in other cases)

There are indicators as to what constitutes “legal Work”

  1. Expertise/ knowledge in legal matters

The person offering to perform the service must either claim or be assumed to have a superior level of knowledge about legal matters than the ordinary person would have.

There are no clear-cut definitions of what constitutes legal work but the more it relates to issues arising out of legal entitlements or the application of laws to a particular set of circumstances the more it would be considered to be legal work.

It is not necessary that the person providing the advice be considered an expert in their field nor that they have legal qualifications. It is enough that they say that they have a greater understanding than the everyday person would of legal matters and they are going to apply that knowledge to this particular set of circumstances.

It doesn’t matter what you call it

We must look to see what is the sort of work that is being offered and whether this would fall within the examples of legal work the court has found.

If the work is, in fact, the provision of legal services, it doesn’t matter that it is described as something different by the person advertising to do it. If the person performing the work calls it something different, that label will not change the actual character of the work.

Some of the people who have been found to have held themselves out as solicitors have said that they were in fact lawyers, or that they had studied law, or had overseas legal qualifications. The comments were made in a context of trying to create a market for their services. The persons in question were always trying to paint their experience and knowledge in the best possible light.

There was often also an element of trying to avoid the suggestion that they were, in fact, performing legal services by adding some form of restriction to the service they offered. So, for example,  Ric van der Feltz said that he was an overseas qualified lawyer but, because he was not qualified in Australia, he was not going to go to court for you but would help you prepare to go to court yourself.

The court invariably looks to the nature of the work performed and if it falls within the broad definition of what constitutes providing legal services that will suffice. It does not have to be shown that anyone in the public thought the person was a lawyer. The person does not have to suggest or imply that they are a lawyer, it is enough that they offer services of the sort that lawyers do.

It is, therefore, no defence to simply add a disclaimer saying that the work performed is not legal services if, on analysis, the work is legal in nature.

The sort of work that has been found to be legal in nature is very broad. The sort of work that solicitors and barristers provide can cover a range of possibilities. The first thing that needs to be demonstrated is the suggestion or claim that somebody has a greater level of knowledge and skill than would be found in the ordinary person.

  1. Applying expertise and skill to a particular matter

Simple clerical work such as filling out a form does not constitute legal work. Anyone could fill out a form and presumably anyone could advise someone how to fill out a form. The question becomes how much help is needed and how much given.

Legal advice seems to begin once the expertise of the person with a greater than ordinary understanding of the law is brought to bear on the issues. Once someone is advising how to answer a question, what to say, what not to say, how to structure the contents of the document so as to put you in the best possible light or to achieve a specific game, you have gone beyond simple clerical assistance.

If we use the analogy of a text book or a self-help book or similar guide there are limited possibilities to provide a personalised guidance. A self-help book may tell you the general nature of the information to be included in a form but it cannot set out in detail how to structure the facts of a particular circumstance to the particular needs of that matter.

The more specific the advice that is being given the more it is going to constitute legal advice.

The work itself can range from attending a Court or tribunal, drafting court documents, drafting correspondence, advising on steps to take in Court, advising on strategies to take in a legal dispute, and providing advice on legal matters or legal rights generally.

Credit Repair – Is it legal work?

If we look at the credit repair industry we need to look at the expertise claimed and the work being offered.

The more specific the advice for a person the more it will be seen as providing legal advice.

If the author offers personal assistance then that help may well be legal work as it will be specific to the person concerned.

Legal Expertise claimed? Yes

Credit repair seeks to remove entries in a person’s credit history ( which are reported by Credit Reporting Bodies). The recording, retention and reporting of credit information are regulated by the Privacy Act and its Australian Privacy Principles. Any advice on the correction or possible removal of credit information from the records of a credit reporting body must address the matters set out in the Legislation.

Whether they say so or not, any credit repair business must deal with the application of the Privacy Act and therefore must assert that it has a greater than usual knowledge of the legislation and how it applies. Any expertise claimed in Credit repair is a claim to expertise in the legislation and its application.

Do credit repairers apply expertise and skill to a particular matter? Yes

They offer to

  • review credit histories from credit reporting bodies;
  • obtain and assess documents from creditors with a view to determining whether the creditor has complied with legislative requirements;
  • advise the client whether, in their circumstances, they may benefit from credit repair work by the credit repairer;
  • correspond with creditors asserting that the legal process has not been followed in the client’s matter;
  • negotiate with creditors;
  • correspond with judgement creditors about removing judgments from court files;
  • negotiate with judgment creditors about removing judgments from Court files;
  • negotiate to pay less to a creditor than the creditor claims is outstanding;
  • prepare court documentation to remove judgments; and
  • advocate on behalf of clients with creditors, ombudsman services and possibly the courts.

Does the sort of work being performed fall within the examples of other legal work? Yes

Lawyers routinely prepare correspondence for clients to other parties and negotiate on behalf of their clients. Any such work would easily fall within the sort of work lawyers traditionally do.

Advising on the law applicable to a particular circumstance is a very specific sort of work performed by lawyers.

A disclaimer that says “we are not acting on your behalf in a legal capacity, but merely assisting you with any court paperwork needed” would not change how a court would otherwise define the service offered.


Click HERE to go to:
(Do Credit Repair Businesses Offer To Provide Legal Services?)

Click HERE to learn more.
(Why Credit Repair work is, by its nature, legal work (and thereby reserved for lawyers))

Click HERE to learn more.
(‘I Am Not A Lawyer And [I] Do Not Give Legal Advice’ said the ad – OH YES YOU DO, said the Court)

Click HERE to learn more.
(Unqualified Legal Work Finished – Now To Just Refund All The Fees Charged And Pay All The Fines Imposed By The Court)

Click HERE to learn more.
(What Sort Of Work Constitutes “Legal Work”?)

Click HERE to learn more.
(What Constitutes “Legal Work”? (EXPANDED CASE NOTES))

About The Authors:

Graham Doessel CEO of Legal Practice Holdings & MyCRA Lawyers in conjunction with Patrick Earl, Senior Solicitor of Armstrong Doessel Stevenson Lawyers, a division of Legal Practice Holdings

Mycra Lawyers - Credit Repair Industry Experts

Bad Credit Rating Removal Case Study

Client Profile:

Name:
State:
Sex:
Age:
Married/Single:
Listing Type: 
Original Creditor:
Current Creditor:
Paid / Unpaid:
Listing Amount:

Allen*
WA
Male
52

Default
GE Capital Finance Australia
Credit Corp
Unpaid
$252

Commenced work:                          12/02/2016
Default Resolution:                        14/07/2016

Click HERE Now To Request A Free Call Back

Credit Repair Background:
Allen* instructed MyCRA Lawyers that he had moved house but was unsure if he had notified GE of his new address. Allen* lost his job and had financial hardship and instructed our firm that he was contacted regarding the overdue account, and advised them of his hardship.

What were any challenges with the creditor?
There was a delay on the documents we had requested as Credit Corp longer then average to obtain the documents from GE.

Why was the listing removed?
As Allen* instructed that he advised GE of his hardship, we were requesting the file notes from GE to evidence this. Credit Corp agreed to remove the listing as they did not received the file notes from GE.

Summary:
Allen* contacted MyCRA Lawyers as he had a default in his credit file. Allen* wanted his default removed so that he can proceed with his house and land purchase finance. We managed to negotiate removal of his default and Allen* can now confidently apply for finance. Congratulations Allen* and good luck!

Allen’s* name has been changed to protect privacy

Call MyCRA Lawyers today if you’re struggling with your bad credit rating and you need MyCRA Lawyers to help you get it removed fast. Call 1300 667 218

Mycra Lawyers - Credit Repair Industry Experts

Bad Credit Rating Removal Case Study

Client Profile:

Name:
State:
Sex:
Age:
Married/Single:
Listing Type: 
Original Creditor:
Current Creditor:
Paid / Unpaid:
Listing Amount:

Kandice
QLD
Female
45
Married
Default
Optus

Paid
$823

Commenced work:                          10/03/2016
Default Resolution:                        15/07/2016

Click HERE Now To Request A Free Call Back

Credit Repair Background:
Kandice instructed MyCRA Lawyers that she had an account with Optus. She decided at the time to change from Optus to Telstra to bring all the phones together under one account. Due to this, she obtained a new phone and new number.  At the time, she thought the account was paid in full.  Kandice was unsure what the defaulted amount was for however, it may have been the payout for the phone. She was not contacted by Optus by mail, and only found out about the debt when she was contacted by Commercial Credit Control. Kandice tried to go to the Telecommunications Industry Ombudsman (TIO) but was advised by TIo to resolve the matter with Optus directly.

What were any challenges with the creditor?
Optus was not able to provide the documents requested.

Why was the listing removed?
As Kandice instructed that she had not received any notices from Optus, and Optus would not provide any copies of any notices allegedly issued, MyCRA Lawyers escalated the matter to TIO.
When TIO contacted Optus regarding our complaint, Optus promptly removed the default.

Summary:
Kandice was referred to our office by her mortgage broker. She wanted the default in her credit file removed as it has been affecting their re-finance application. We managed to negotiate removal of her default and Kandice can now confidently apply for re-finance. Congratulations Kandice and good luck!

Call MyCRA Lawyers today if you’re struggling with your bad credit rating and you need MyCRA Lawyers to help you get it removed fast. Call 1300 667 218

‘I Am Not A Lawyer And [I] Do Not Give Legal Advice’ said the ad – OH YES YOU DO, said the Court

The Supreme Court found that the advertisement constituted an offer to perform legal work.

The WA Courts have found that an ad on Gumtree offering “… some help to guide you through the Court System …”, was legal work.

… [if] the persons giving such advice possess legal skill and a knowledge of the law greater than that possessed by the average citizen, then the giving of such advice and the performance of such services by one for another as a course of conduct constitutes the practice of law …

Legal work can only be undertaken by a lawyer acting pursuant to the relevant Legal Profession Act in their state.

On 23 June 2017 the Court of Appeal in Western Australia upheld an earlier decision of the Supreme Court. VAN DER FELTZ -v- LEGAL PRACTICE BOARD [2017] WASC 2 summarises the law in relation to what is legal work. The legislation is very similar across Australia, so a West Australian Court of Appeal decision would be very persuasive in Queensland, and indeed, Australia wide.

Mr Ric van der Feltz’s advertisement said, in part:

“I can help you prepare to represent yourself in Court and with filling out Court applications and other Court documents and the drafting of affidavits.

I am not a Lawyer and do not give legal advice. I do have an overseas Law Degree and extensive experience representing myself in the Magistrate, District and Supreme Court and the State Administrative Tribunal (SAT) in commercial and administrative matters and helped others do the same.

You might just need some help to guide you through the Court system and that’s where I come in at a fraction of the cost of a Lawyer.

A first meeting is free and obligation free. If you decide to proceed I will charge a one off fee depending on the matter and the court.”

Mr van der Feltz denied the charge of “… representing and advertising that he was entitled to engage in legal practice when he was not an Australian legal practitioner …”. The court therefore had to decide what constituted “legal practice“.

The Supreme Court found, at par. 82, that the advertisement offered to perform legal work:

“The necessary implication of the words of the advertisement was that the appellant would use specialised knowledge and experience to assist litigants. He represented himself as having skills in how a person should represent him or her self and how to complete documents. The fee structure implied that this work would be of more than of a clerical nature but would utilise the appellant’s claimed expertise in legal matters.”

When considering what constituted legal work the Supreme Court quoted, with approval, several earlier decisions that said:

“…the practice of law also includes the giving of legal advice and counsel to others as to their rights and obligations under the law…”

“…[if] the persons giving such advice possess legal skill and a knowledge of the law greater than that possessed by the average citizen, then the giving of such advice and the performance of such services by one for another as a course of conduct constitutes the practice of law…”

“…where a person [creating]documents intended to affect legal rights …. exercises his mind as to what is the appropriate form of words to accommodate the particular case, then this can be regarded as drawing or preparing a legal document. A process of that kind goes beyond mechanical or clerical tasks …”

“…the situation where an instrument is shaped from a mass of facts and conditions, the legal effect of which must be carefully determined by a mind trained in the existing laws in order to ensure a specific result and to guard against others. In such a case more than the knowledge of the layman is required and a charge for such services brings it within the practice of the law…”

“…Where a person, in preparing documents, exercises his mind as to what is the appropriate form of words to accommodate the particular case, this can be regarded as drawing or preparing a legal [document]…”

The Court looked at the work being offered and found it was legal work, regardless of how the defendant tried to describe it.


Click HERE to go to:
(Do Credit Repair Businesses Offer To Provide Legal Services?)

Click HERE to learn more.
(Why Credit Repair work is, by its nature, legal work (and thereby reserved for lawyers))

Click HERE to learn more.
(‘I Am Not A Lawyer And [I] Do Not Give Legal Advice’ said the ad – OH YES YOU DO, said the Court)

Click HERE to learn more.
(Unqualified Legal Work Finished – Now To Just Refund All The Fees Charged And Pay All The Fines Imposed By The Court)

Click HERE to learn more.
(What Sort Of Work Constitutes “Legal Work”?)

Click HERE to learn more.
(What Constitutes “Legal Work”? (EXPANDED CASE NOTES))

About The Authors:

Graham Doessel CEO of Legal Practice Holdings & MyCRA Lawyers in conjunction with Patrick Earl, Senior Solicitor of Armstrong Doessel Stevenson Lawyers, a division of Legal Practice Holdings

Mycra Lawyers - Credit Repair Industry Experts

Bad Credit Rating Removal Case Study

Client Profile:

Name:
State:
Sex:
Age:
Married/Single:
Listing Type: 
Original Creditor:
Current Creditor:
Paid / Unpaid:
Listing Amount:

Kim
QLD
Male
51
Married
Default
NAB
Credit Corp
Paid
$12,684

Commenced work:                          21/01/2016
Default Resolution:                        12/07/2016

Click HERE Now To Request A Free Call Back

Credit Repair Background:
Kim instructed MyCRA Lawyers that in 2012, Kim’s client, did not pay an outstanding invoice for $135,000 for a day spa he built. Kim had engaged another lawyer which dragged out to 3 visits in supreme courts and was very costly. Though Kim won the case, Kim still lost because of the stress stopping him to try to push on with his building company. Kim eventually became employed by another company rather than running his own business. His earnings and cash flow got very low as a single income earner for his wife and child.

What were any challenges with the creditor?
MyCRA Lawyers had issued a complaint to NAB about Kim’s hardship and we had sent numerous follow up requests, several phone calls and unfortunately we were unable to get a response from NAB.

Why was the listing removed?
The default was removed as MyCRA Lawyers escalated a compliant to the Financial Ombudsman Service as NAB would not respond to our issues raised bout Kim’s hardship. After the Ombudsman contacted NAB to advise they had to rectify the issue, NAB confirmed they would remove the default.

Summary:
Kim previously used our services and wanted to speak with someone regarding his credit file. He is looking to buy a block of land but the finance was declined by the bank because of the default listed by Credit Corp for a NAB credit card matter. We managed to negotiate removal of his default and Kim can now move forward financially. Congratulations Kim and good luck!

Call MyCRA Lawyers today if you’re struggling with your bad credit rating and you need MyCRA Lawyers to help you get it removed fast. Call 1300 667 218

Mycra Lawyers - Credit Repair Industry Experts

Bad Credit Rating Removal Case Study

Client Profile:

Name:
State:
Sex:
Age:
Married/Single:
Listing Type: 
Original Creditor:
Current Creditor:
Paid / Unpaid:
Listing Amount:

Les
NSW
Male
43
Married
Commercial Default
Toyota Finance

Paid
$2492

Commenced work:                          16/06/2016
Default Resolution:                        20/06/2016

Click HERE Now To Request A Free Call Back

Credit Repair Background:
Les instructed MyCRA Lawyers that during the time of the default, his business was struggling. Les went into payment agreement with Toyota Finance for a car which he paid it out eventually.

What were any challenges with the creditor?
There were no issues with the creditor as they responded to MyCRA Lawyers requests in a timely manner.

Why was the listing removed?
When Toyota Finance received our request for documents and attempted to investigate the matter, they confirmed that the listing would be removed.

Summary:
Les was referred to our office by his mortgage broker. Les realized he had a default when he went to get finance for a house. We were able to negotiate removal of his default in 4 days and Les can now confidently apply for home loan. Congratulations Les and good luck!

Call MyCRA Lawyers today if you’re struggling with your bad credit rating and you need MyCRA Lawyers to help you get it removed fast. Call 1300 667 218

Mycra Lawyers - Credit Repair Industry Experts

Bad Credit Rating Removal Case Study

Client Profile:

Name:
State:
Sex:
Age:
Married/Single:
Listing Type: 
Original Creditor:
Current Creditor:
Paid / Unpaid:
Listing Amount:

Roy
WA
Male
51
Married
Default
Commonwealth Bank
Panthera Finance
Paid
$1058

Commenced work:                          6/06/2016
Default Resolution:                        17/06/2016

Click HERE Now To Request A Free Call Back

Credit Repair Background:
Roy instructed MyCRA Lawyers that he and his wife had too many debts and were unable to keep up with repayments. Roy had 3 listings as a result of his hardship and this is the second listing that MyCRA Lawyers investigated for Roy.

What were any challenges with the creditor?
There were no issues with the creditor as they responded to MyCRA Lawyers requests in a timely manner.

Why was the listing removed?
When Panthera received our request for documents and attempted to investigate the matter, they confirmed that the listing would be removed.

Summary:
Roy and his wife contacted MyCRA Lawyers as they have listings on their credit report and wanted the listings removed as they are looking to apply for home loan. We were able to remove his listing in 10 days and Roy is now a step forward in achieving their home loan. Congratulations Roy and good luck!

Call MyCRA Lawyers today if you’re struggling with your bad credit rating and you need MyCRA Lawyers to help you get it removed fast. Call 1300 667 218