Jason McCormick faces court for allegedly falsely acting as a lawyer
A man accused of posing as a lawyer in Southeast Queensland is alleged to have billed more than $160,000 to clients, telling one person he had assembled “the best junior bar bench in Australia”, according to court documents.
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A man accused of posing as a lawyer north of Brisbane is alleged to have billed more than $160,000 to clients and set up an unaccredited law firm, according to court documents.
Jason McCormick raised eyebrows within the Legal Services Commission Queensland (LSCQ) after allegedly engaging in legal practice in the Caboolture area when he wasn’t entitled to do so.
The LSCQ is the independent statutory body which regulates the legal profession, including receiving and investigating complaints about the conduct of lawyers and alleged unlawful operators in relation to the provision of legal services in Queensland.
In a legal case that has flavours of the television series Suits, a list of more than 20 allegations has been brought against Mr McCormick including 10 counts of engaging in legal practice when not entitled, 10 counts of representing or advertising entitlement to engage in legal practice when not entitled, and a single count of represent or advertise that corporation is an incorporated legal practice without giving notice — director, officer, employee or agent.
According to allegations contained in newly obtained court documents, Mr McCormick was paid $160,950 by clients he represented between September 2022 and July 2023, despite not being an accredited lawyer.
A complaint summary made on February 6, 2024 by the LSCQ, detailed the series of allegations brought against McCormick, who is alleged to have breached the Legal Profession Act 2007.
According to the documents, Mr McCormick allegedly acted as director of Jason McCormick Superannuation Trust Pty Ltd, which traded as law firm A L Whitehall & Associates, and in May of 2023 he signed a lease on behalf of the Trust, for a business premises in Caboolture, renovated that office space and advertised as practising law firm.
The complaint summary claims there were no records of an incorporated legal practice named the Jason McCormick Superannuation Trust and that the organisation had never provided notice to the Queensland Law Society, in the approved from, of its intention to start providing legal services, pursuant to section 114 (1) of the Legal Profession Act 2007.
The complaint summary includes allegations Mr McCormick acted as a legal representative for his clients in recorded interviews with police officers, provided advice to clients on how to proceed with their charges, communicated and sent documents and applications to various courthouses in Queensland claiming to be a legal representative, and prepared written submissions for a potential bail application to the Supreme Court of Queensland.
It’s alleged that on or about May 27, 2023, Mr McCormick agreed to represent an unnamed person in relation to a financial settlement with his ex-wife.
According to the documents Mr McCormick, while representing this man, allegedly provided advice to the effect that the man’s financial settlement with his ex-wife would be required to have funds transferred through McCormick’s law firm, in order to make it legal.
The documents say the same person subsequently transferred $25,000 to Mr McCormick.
It’s also alleged Mr McCormick prepared and sent another person a letter containing a costs agreement and advice about a drink-driving charge and was paid $1500 after agreeing to represent them.
It’s alleged that Mr McCormick tried to arrange for another legal representative to appear in Pine Rivers Magistrates Court around 24 July, 2023, in relation to his client’s drink driving charge and application for a work licence.
He is also accused of being paid $23,255 after agreeing to represent another person in a court case in Gatton.
It’s alleged in drafting a costs disclosure document and email, he referred to himself as a ‘Junior Counsel’ and ‘Associate Barrister’.
It’s further alleged that on July 28, 2023, Mr McCormick received $65,000 from a client for legal work and that around January 20, 2023, he attended Caboolture Police Station in relation to another criminal matter, telling police he was a solicitor.
On 25 July, 2023, it’s alleged McCormick sent a text message reply to an unnamed person, who was asking for a referral for a construction lawyer to which McCormick responded with “I can”.
It’s alleged on the same date he sent another message indicating he had put together a team of “the best junior bar bench in Australia”, “the best solicitor advocate in Australia”.
Mr McCormick fronted Caboolture Magistrates Court on March 20 to face the allegations, where he represented himself.
He told the court he wished for the matters to be dealt with in another court, due to a conflict issue with a working prosecutor at Caboolture.
McCormick also told the court that he had engaged solicitors Robertson O’Gorman to act on his behalf.
Magistrate Kurt Fowler asked Mr McCormick why the matter should be transferred to Brisbane instead of Caboolture.
“Your honour there’s a couple of conflicts before the court,” McCormick said.
“The first one is one of the prosecutors works at Caboolture, in relation to a separate charge.”
Magistrate Kurt Fowler noted the request.
“What I suggest to you is that you keep your powder dry on that argument because if I hear the argument today and I reject it, I don’t see why I would continue to hear the argument at the next mention.
“It’s a matter for Robertson O’Gorman, they might want to appear and make that application.”
Mr McCormick also told the court there had been two pieces of correspondence sent through to him, before Mr Fowler interrupted him and again suggested he “keep your powder dry”.
“The first was the 19th October 2023 from O’Sullivan’s law firm in relation to the LSC beginning proceedings in Brisbane, there was no response your honour that I was aware of.
“Then on the 12th of March, again I sent through to the commission a change of venue..”
Legal Services Commission prosecutor Edward Coker didn’t argue for any conditions to be imposed on McCormick’s bail.
“Mr McCormick did raise the possibility with my instructors of transferring the matter to Brisbane,” Mr Coker said.
Mr Fowler adjourned the matter to April 17, 2024 at the Caboolture Magistrates Court and McCormick was placed on bail.
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