LEGAL PROFESSION ACT 1987 - SECT 47E Solicitor directors of incorporated legal practices

This legislation has been repealed.

LEGAL PROFESSION ACT 1987 - SECT 47E

47E Solicitor directors of incorporated legal practices

(1) An incorporated legal practice is required to have at least one solicitor director.

Note: Section 48D provides that an incorporated legal practice is guilty of an offence under that section if it does not have a solicitor director (except for any reasonable period required to appoint a replacement solicitor director).

(2) The solicitor director or directors of an incorporated legal practice are, for the purposes only of this Act, generally responsible for the management of the legal services provided in New South Wales by the incorporated legal practice.

(3) It is professional misconduct if any such solicitor director does not ensure that:

(a) appropriate management systems are implemented and maintained to enable the provision of those legal services in accordance with the professional obligations of solicitors and the other obligations imposed by or under this Act, and

(b) any conduct of another director of the practice that has resulted or is likely to result in a contravention of those obligations is reported to the Law Society Council promptly after the solicitor director becomes aware of it, and

(c) any professional misconduct of a solicitor employed by the practice to provide legal services is reported to the Law Society Council promptly after the solicitor director becomes aware of it, and

(d) all reasonable action available to the solicitor director is taken to deal with any professional misconduct or unsatisfactory professional conduct of a solicitor so employed by the practice.

(4) It is also professional misconduct for any such solicitor director to remain as a director of the corporation, and thereby authorise its continued provision of legal services, if it becomes apparent that the provision of those legal services will result in breaches of the professional obligations of solicitors or other obligations imposed by or under this Act (whether because of the unsuitability of any other director or directors or otherwise).

(5) The provisions of this section relating to a solicitor director of an incorporated legal practice that is an externally-administered body corporate under the Corporations Act 2001 of the Commonwealth do not apply to the extent that they are inconsistent with the provisions of Chapter 5 of the Corporations Act 2001 of the Commonwealth or of Parts 8 and 8A of this Act.

(6) This section does not apply to a community legal centre that complies with section 48H.