LEGAL PROFESSION ACT 2007 - SECT 120 Obligations and privileges of an Australian legal practitioner who is an officer or employee

LEGAL PROFESSION ACT 2007 - SECT 120

120 Obligations and privileges of an Australian legal practitioner who is an officer or employee

(1) An Australian legal practitioner who provides legal services for an incorporated legal practice in the capacity of an officer or employee of the incorporated legal practice—

(a) is not excused from compliance with the professional obligations, or any obligations under any law, of an Australian legal practitioner; and

(b) does not lose the professional privileges of an Australian legal practitioner.

(2) For the purpose only of subsection (1) , the professional obligations and professional privileges of an Australian legal practitioner apply as if—

(a) for an incorporated legal practice with 2 or more legal practitioner directors—the practice were a partnership of the legal practitioner directors and the employees of the practice were employees of the legal practitioner directors; and

(b) for an incorporated legal practice with only 1 legal practitioner director—the practice were a sole practitioner and the employees of the practice were employees of the legal practitioner director.

(3) To remove any doubt, it is declared that the law relating to client legal privilege, or other legal professional privilege, is not excluded or otherwise affected because an Australian legal practitioner 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 Australian legal practitioners employed by the practice.