The titles which employees of a law firm may use, and the documents they can sign/witness, are determined by legislation. Using the incorrect terms can be misleading. Below is a quick reference guide to allow firms to avoid the potential pitfalls that accompany misidentifying their employees.
The information below is for guidance only and correct as at the time of publication. If in doubt, the source legislation should be consulted or you can contact the QLS Ethics and Practice Centre on 07 3842 5843 or ethics@qls.com.au.
Under no circumstances should any person witness a document for overseas use unless authorised by the domestic legislation of the foreign jurisdiction. Most overseas documents can be witnessed by a Notary Public or a consular officer.
In those circumstances where the party seeking the witnessing of the document is asking you to act as a witness only, you should explicitly inform that party that you are not giving legal advice concerning that document.
Qualifications | Suggested title | Examples of what may be signed or witnessed (not exhaustive) |
Student - work experience | Student | Witnessing signatures on wills provided over 18 years old and not a beneficiary in the will. |
Student - employed | Clerk | Witnessing signatures on wills provided over 18 years old and not a beneficiary in the will. |
Graduate - not admitted | Graduate Law Clerk | Witnessing signatures on wills provided over 18 years old and not a beneficiary in the will. |
Admitted - no practising certificate (‘PC’) | Lawyer/Australian Lawyer NB: care must be had as whilst this is permitted by the Legal Profession Act 2007 (Qld) (LPA), clients and the public should never be given the impression that a person without a PC can engage in legal practice). Refer to section 25 of the LPA and rule 36.1 Australian Solicitors Conduct Rules 2012 (ASCR) | Witnessing:
Certification that a document is a true copy of an original if that is all that is involved and there is no suggestion that legal advice is given eg: passport photo |
Admitted - holds PC | Solicitor, Legal Practitioner/Australian Legal Practitioner | In addition to the above:
*Please refer to relevant Commonwealth or State legislation
|
| Admitted - holds Principal Practising Certificate | Solicitor, Legal Practitioner/Australian Legal Practitioner | As above |
| Admitted - holds Principal Practising Certificate, and is sole practitioner | Principal, Sole Practitioner | As above |
| Admitted - holds Principal Practising Certificate, and is a member of a partnership | Principal, Partner | As above |
| Admitted - holds Principal Practising Certificate, and is director of ILP | Principal, Legal Practitioner Director, Director | As above |
Government | Suggested title | Examples of what may be signed or witnessed (not exhaustive) |
Government Legal Officers - no PC | Government Legal Officer (‘GLO’). NB: that that GLO is defined by reference to section 12 of the LPA and the Legal Profession Regulation 2007 (Qld) | Witnessing affidavits and statutory declarations for government officers in the course of their employment. Certification that a document is a true copy of an original if that is all that is involved and there is no suggestion that legal advice is given eg: passport photo. NB: GLO’s should also consult position descriptions and internal procedures manuals/signing protocols |
Government Legal Officers - holds PC | Government Solicitor | In addition to the above:
subject to position descriptions and internal procedures manuals/signing protocols.
*Please refer to relevant Commonwealth or State legislation
|
In-house | Suggested title | Examples of what may be signed or witnessed (not exhaustive) |
Admitted - no PC | Lawyer NB: should not use the term in-house counsel if no PC and care must be had as whilst this is permitted by the LPA, clients and the public should never be given the impression that a person without a PC can engage in legal practice). Refer to section 25 of the LPA and rule 36.1 ASCR | Documents under the Land Titles Act 1994 (Qld), affidavits and statutory declarations which are produced for and in the course of employment and relate to the business entities of the employer or corporation as defined pursuant to the LPA. |
Admitted - holds PC | In-house solicitor, in-house counsel | In addition to the above:
and where the documents which are produced are for and in the course of employment and relate to the business entities of the employer or corporation as defined pursuant to the LPA. If you are required to witness a third party document that is not produced for and in the course of employment and does not relate to the business entities of the employer or corporation as defined pursuant to the LPA, you should act with prudence and care to ensure that the third party knows you are not acting for them and that you are not giving legal advice to them. |
Authorised by the Principal Ethics and Practice Counsel, QLS Ethics and Practice Centre
30 April 2019 (Updated 12 July 2022)