Lawyers legal bullying may include things like sending threats of legal action or demand repayment of debts without providing proof of the debt. There’s laws to protect consumers from such unlawful conduct. And just because lawyers make claims, and use fancy terminology, doesn’t mean that they are acting in a lawful manner.

Legal bullying, or unlawful conduct isn’t just unethical, it also contravenes Australian legal principles and consumer protection laws.

Let’s have a closer look – not that any of this is legal advice. You should probably check out any claims yourself. Don’t trust lawyers to tell you the correct story, because they’re all in the same club. Here’s an explanation of why and how this can occur, and the legal frameworks that may protect you:

Defining Lawyers Legal Bullying

Legal bullying refers to the practice of using legal threats or tactics in an aggressive, intimidating, and unjustifiable manner. The intent is to pressure the other party into submission, often without solid legal grounds.

What happens when lawyers acting on behalf of a bank or creditor send threats of legal action? And they fail to provide valid evidence or documentation to back up their claims?

This can take many forms, such as:

  • Repeated threats of legal action without substantiated claims.
  • Refusal to provide proof of the debt or account details after repeated requests.
  • Intimidation designed to coerce you into paying, even though you don’t owe the money.

Legal Frameworks Protecting Consumers

Several Australian laws protect consumers from unfair debt collection practices, including instances where threats or legal bullying are used.

There’s lawyers legal bullying protections in Australian Consumer Law (ACL) and the National Consumer Credit Protection Act (NCCP Act), but also in more specific regulations relating to debt collection.

Australian Consumer Law (ACL)

Australian Consumer Law (ACL), found under the Competition and Consumer Act 2010 (Cth), is the main legislative framework governing fair trading and consumer protection in Australia.

It contains provisions to protect you from misleading or deceptive conduct and harassment by creditors, including:

Misleading or deceptive conduct: Under Section 18 of the ACL, it’s illegal for any person (including lawyers and debt collectors) to engage in conduct that’s misleading or deceptive. If a lawyer or creditor makes threats of legal action or demands repayment of a debt without providing evidence, this may amount to misleading conduct.

Harassment or coercion: Section 50 of the ACL prohibits creditors, debt collectors, or their representatives from engaging in conduct that’s unduly harassing or coercive. If a lawyer continues making threats or sending letters without offering proof, this could be seen as harassment. The law requires debt collection practices to be fair and reasonable.

False or misleading representations: Lawyers or debt collectors mustn’t make false claims about (alleged) debts or consequences of not paying up. Threats of legal action not substantiated by evidence can be considered false or misleading representations.

National Consumer Credit Protection Act (NCCP Act)

The NCCP Act regulates credit providers, including banks, and protects consumers in relation to credit and debt matters. Under the NCCP Act, a lender or debt collector must:

Provide proof of the debt: They’re required to provide information about the nature of the debt when requested. If they’re sending threats of legal action, they must also provide evidence that the debt exists,  and proof the consumer’s responsible for it. Failure to do so can be seen as a violation of the National Credit Code.

Act fairly: Debt collectors or their lawyers must act fairly in all dealings with (alleged) debtors. This includes providing appropriate documentation to substantiate claims of debt.

Code of Practice for Debt Collection

In addition to the ACL and NCCP Act, there’s specific industry codes of practice for debt collection. These codes outline the ethical standards and practices for debt collectors and their representatives (including lawyers) to follow:

Debt Collection Guideline: Australian Securities and Investments Commission (ASIC), has guidelines that set out the standards for creditors and their representatives. ASIC emphasises that creditors should:

  • Provide evidence of the debt before pursuing legal action.
  • Not engage in intimidation or harassment.
  • Respond to requests for information, such as proof of the debt, within reasonable timeframes.

If lawyers aren’t providing the requested proof of debt (e.g., audited accounts, proof of transactions), and instead resorting to threats of legal action, they may be breaching these codes.

Potential Legal Consequences for Lawyers and Debt Collectors

If you’re experiencing lawyers legal bullying (or debt collectors) in Australia, they may face legal or professional consequences.

Professional Conduct and Ethics

Lawyers in Australia are subject to strict ethical guidelines established by each state’s Legal Services Commissioner or equivalent body. For example, in New South Wales, lawyers must adhere to the Legal Profession Uniform Law and the Australian Solicitors’ Conduct Rules, which require lawyers to:

  • Act in the best interests of clients.
  • Avoid misleading or deceptive conduct.
  • Respect the rights of other parties and engage in fair legal practices.

If a lawyer sends demands or threats without providing proof of a debt, they may be breaching these rules. You can complain to the Law Society or Legal Services Commission about Lawyers legal bullying, but they’ll probably ignore you. They’re great at circling the wagons, and protecting their own club members.

False or Misleading Claims

If a lawyer or debt collector is found to be making false claims, they could be subject to action under the ACL. They could face penalties such as fines or being ordered to cease and desist from further threatening conduct. But again, your complaints will probably be ignored.

Consumer Complaints and Legal Remedies

If you’re the target of debt collection threats or legal bullying without evidence, you can take the following steps:

  • File a complaint with the Australian Financial Complaints Authority (AFCA), which is the dispute resolution body for financial matters. AFCA may investigate your case and make binding decisions. Seems most times they find an excuse for avoiding any “difficult” situations, and simply close the case file because it’s “outside of their rules”.
  • Request documentation in writing, and keep a record of all communications with the bank, debt collectors, or lawyers. This includes keeping copies of letters, emails, and proof of registered mail.

Good luck seeking legal advice.

It’s difficult to find a lawyer who’ll go against one of their own kind. You may be lucky in finding a consumer rights lawyer to help ensure that debt collectors follow the law.

If they can see an easy buck, they’ll assist with a legal claim for harassment or unfair debt collection practices. Remember, they don’t care if you win or lose, they still get their thirty pieces of silver.

Contact the Australian Competition and Consumer Commission (ACCC): If you believe a lawyer or debt collector has breached the ACL, you can report them to the ACCC. Again, good luck in that, as ACCC is quick to find loopholes and avoid helping individual consumers. Or perhaps ACCC are also victims of regulatory capture.

Lawyers Legal Bullying Conduct

In Australia, lawyers sending threats of legal action or demanding payment without providing proof of debt are engaging in unfair and potentially unlawful conduct.

Just like the banks, and many debt collection agencies. They skate on very thin ice, using threats and intimidation to scare innocent victims into coughing up.

This behaviour could constitute legal bullying.

And maybe it’s contrary to various consumer protection laws, including the Australian Consumer Law and the National Consumer Credit Protection Act. Victims of such practices have the right to challenge the demands, file complaints, and seek legal remedies.

It all sounds great in theory, but it seems no one wants to be accountable for anything anymore. so why do they want to get involved in your mess?

If you find yourself in such a situation, it’s critical to keep records, request proof of debt, and don’t give up ensuring your rights are protected.

As you’ll learn from other posts on this website, they all use adverb-verb-babble, and state no facts.

You just have to prove their fictitious use of language, and ask them to deny that. DWM devoted his whole life to this campaign, fighting for your freedom. Now it’s your turn to learn.

We’d love to read your comments below.