LEGAL PROFESSION ACT 1987 - SECT 47H Solicitors' professional obligations and privileges

This legislation has been repealed.

LEGAL PROFESSION ACT 1987 - SECT 47H

47H Solicitors' professional obligations and privileges

(1) A solicitor who provides legal services in the capacity of an officer or employee of an incorporated legal practice is not excused from compliance with the professional obligations of a solicitor and does not lose the professional privileges of a solicitor.

(2) For the purpose only of the application of those obligations and privileges, the persons provided with legal services by an incorporated legal practice are taken to be the clients of the solicitors engaged in providing those services.

(3) To avoid doubt, the law relating to client legal privilege (or other legal professional privilege) is not excluded or otherwise affected because the solicitor is acting in the capacity of an officer or employee of an incorporated legal practice.

(4) The directors of an incorporated legal practice do not breach their duties as directors merely because legal services are provided pro bono by the solicitors engaged by the practice.

(5) In this section:

"professional obligations" includes:

(a) duties to the court, and

(b) obligations in connection with conflicts of interest, and

(c) duties of disclosure to clients (including with respect to matters relating to costs under Part 11), and

(d) ethical rules required to be observed by a solicitor.