LEGAL PROFESSION ACT 2007 - SECT 117 Incorporated legal practice must have legal practitioner director

LEGAL PROFESSION ACT 2007 - SECT 117

117 Incorporated legal practice must have legal practitioner director

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

(2) Each legal practitioner director of an incorporated legal practice is, for the purposes of this Act, responsible for the management of the legal services provided in this jurisdiction by the practice.

(3) Each legal practitioner director of an incorporated legal practice must ensure that appropriate management systems are implemented and kept to enable the provision of legal services by the practice—

(a) under the professional obligations of Australian legal practitioners and other obligations imposed under this Act; and

(b) so that the obligations of the Australian legal practitioners who are officers or employees of the practice are not affected by other officers or employees of the practice.

(4) If it ought reasonably to be apparent to a legal practitioner director of an incorporated legal practice that the provision of legal services by the practice will result in breaches of the professional obligations of an Australian legal practitioner or other obligations imposed under this Act, the director must take all reasonable action available to the director to ensure that—

(a) the breaches do not happen; and

(b) if a breach has happened—appropriate remedial action is taken in relation to the breach.

(5) Nothing in this part derogates from the obligations or liabilities of a director of an incorporated legal practice under another law.

(6) The reference in subsection (1) to a legal practitioner director does not include a reference to a person who is not validly appointed as a director, but this subsection does not affect the meaning of the expression ‘legal practitioner director’ in other provisions of this Act.