Aussie
Speeding Fines
A
legal analysis of Mike Palmer's
ebook.
Barrister's legal advice:
"It's
a scam.
Don't waste your money on this useless
eBook"
Previous
Page 11 Next
Unlawfully
providing Legal Advice?
Mike Palmer is earning money selling
legal advice and legal opinions. It is
more than just legal information, it is
a controversial strategy that has the
ability to adversely affect your legal
rights. Mike Palmer's book purports to
tell you what your legal rights are,
what the law is and how you should
exercise your legal rights to achieve a
specific goal. You are paying Mike
Palmer to assist you to avoid liability
for a criminal offence. So much is
clear from the fact that his book is
targeted at people who want to defeat
being liable for speeding fines. The
issuing by the police of a speeding
infringement notice is a legal process
and advice on how to deal with that
process is legal advice, no matter how
much Palmer might deny that it is.
Palmer is selling you a legal strategy
intended to affect your rights in a
legal proceeding. It is not an offence
to give legal assistance for free, and
it is not an offence to provide people
with information about the law. If
aussiespeedingfines truly had your
interests at heart, they would be
providing this information free of
charge just like fightfines.info does.
if you charge money for providing legal
assistance you could be engaging in
legal practice. Under the s.2.2.2
of the Legal Profession Act 2004 it
is unlawful to engage in legal practice
without being registered. This offence
is punishable by up to 2 years
imprisonment. By charging money for his
legal advice, Mike Palmer is possibly
engaging in legal practice in breach of
s.2.2.2 of the Legal Profession Act
because he is not a registered legal
practitioner in the state of Victoria.
You can search for him yourself at the
Legal
Services Board.
If you have paid money to anyone for
legal advice of this nature, you should
demand to see a current legal
practicing certificate. If the person
is not a registered legal practitioner,
they may be committing an offence
against the law of the state in which
they are practicing, i.e. in the state
in which you are receiving the advice.
You might wish to complain to the law
institute in your state if you believe
you have paid for legal advice from
someone who is not qualified or
registered. If as a result of relying
on legal advice you have suffered loss
and damage (e.g. you have lost your
licence for 12 months because you lost
the chance to defend yourself in
court), you may be able to claim
compensation from the person who gave
you the incorrect advice. All lawyers
carry insurance against such claims.
Non-lawyers have no such cover and you
will have a much harder time recovering
your losses from a non-lawyer. You will
also find that non-lawyers will have an
exclusion clause that says they are not
giving you legal advice (even though
they are) and you are fully responsible
for the choices you make and if in
doubt you should get legal advice!
Palmer says he is not selling legal
advice. Apparently he is just
publishing a book. If that is true then
he is obliged to deposit a copy of his
book with the State Library of Victoria
pursuant to s.49
Libraries Act:
1. A
good copy of the whole of every new
publication published in Victoria,
other than a prescribed publication,
must be deposited by or on behalf of
the publisher in accordance with
directions of the Library Board of
Victoria at a place or with a person
determined by the Board within two
months after the day on which the
publication was first
published.
If you do a search at the State
Library you will not find any record of
a deposit of his publication. So is
Palmer publishing a book or providing
private legal opinions? As they say on
ACA: You be the judge!
- Contents
- 1. Introduction
- 2. The
aussiespeedingfines
strategy
- 3. The
First Letter
- 4. Analysing
the First letter
- 5. The
Second Letter
- 6. Analysing
the Second letter
- 7. What
happens when you rely on the
letters
- 8. Who
operates
aussiespeedingfines.com?
- 9. Aussiespeedingfines'
Exclusion Clauses
- 10. More
of Mike Palmer's legal
nonsense
- 11.
Unlawfully
providing legal advice?
- 12. Terms
and conditions of this
website
-
-
|