LEGAL PROFESSION ACT 2006 - SECT 108 Obligations of legal practitioner director relating to misconduct—incorporated legal

LEGAL PROFESSION ACT 2006 - SECT 108

    (1)     Each of the following can be unsatisfactory professional conduct or professional misconduct by a legal practitioner director:

        (a)     unsatisfactory professional conduct or professional misconduct of an Australian legal practitioner employed by the incorporated legal practice;

        (b)     conduct of any other director (other than an Australian legal practitioner) of the incorporated legal practice that adversely affects the provision of legal services by the practice;

        (c)     the unsuitability of any other director (other than an Australian legal practitioner) of the incorporated legal practice to be a director of a corporation that provides legal services.

    (2)     A legal practitioner director is not guilty of unsatisfactory professional conduct or professional misconduct under subsection (1) if the director establishes that the director took all reasonable steps to ensure that—

        (a)     Australian legal practitioners employed by the incorporated legal practice did not engage in conduct or misconduct mentioned in subsection (1) (a); or

        (b)     any other directors (other than Australian legal practitioners) of the incorporated legal practice did not engage in conduct mentioned in subsection (1) (b); or

        (c)     unsuitable directors (other than Australian legal practitioners) of the incorporated legal practice were not appointed or holding office as mentioned in subsection (1) (c).

    (3)     A legal practitioner director of an incorporated legal practice must ensure that all reasonable action available to the legal practitioner director is taken to deal with any unsatisfactory professional conduct or professional misconduct of an Australian legal practitioner employed by the practice.