Lawyer An Bui will be struck off the roll of legal practitioners for doing legal work while not holding a practising certificate. 
Lawyer An Bui will be struck off the roll of legal practitioners for doing legal work while not holding a practising certificate. 

Lawyer struck off for professional misconduct

A lawyer will be struck off the roll of legal practitioners for doing legal work while not holding a practising certificate. 

A tribunal found that An Bui, who had previously had his practising certificate cancelled, had engaged in professional misconduct on nine occasions.

He had held himself out as the solicitor for three 'clients' and failed to respond to requirements from the regulator to provide his explanation about this conduct.

The Legal Services Commissioner received complaints about Mr Bui's actions in three different matters, one in family law and the others in conveyancing matters. 

Mr Bui engaged with a court and the solicitors representing other parties as if he were a practising solicitor, Queensland Civil and Administrative Tribunal heard.

He also called himself a solicitor or represented that he was entitled to engage in legal practice, despite not being the holder of a current practising certificate. 

Three charges related to Mr Bui's failure to comply with notices issued by the Legal Services Commission's investigator, to respond to the complaints.

QCAT President, Justice Martin Daubney said Mr Bui's wilful flouting of the lawful requirements relating to engaging in legal practice amounted to "a significant and abysmal failure to observe anything like the standards of competence and diligence required of legal practitioners in this State".

Justice Daubney said Mr Bui had acted dishonourably and was not a fit and proper person to be a member of the legal profession."

These findings against Mr Bui are a timely reminder about the need for lawyers to follow the legislative requirements to hold a current practising certificate authorising them to engage in legal practice before undertaking any legal work or representing themselves as a solicitor," Legal Services Commissioner Megan Mahon said.

"Mr Bui had not applied for a new practising certificate after his previous practising certificate was cancelled by the Tribunal in 2018, following other disciplinary action.

"Despite that cancellation, Mr Bui flagrantly continued to engage in legal practice." Commissioner Mahon said members of the public were entitled to presume that they were receiving legal advice from those qualified and licensed to do so. 

"This is especially important given the complex nature of the law and the legal system, and the potentially severe and far reaching consequences a legal outcome may have without legal services being provided by those lawfully entitled to do so, with the corresponding protections (such as insurance) in place."

The tribunal recommended that Mr Bui's name be removed from the roll of legal practitioners.

Once the Supreme Court registrar who administers the roll takes that action, Mr Bui will no longer be an Australian legal practitioner.

Originally published as Lawyer struck off for professional misconduct


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