LEGAL PROFESSION ACT 2007 - SECT 735 Application of part 3.4 to client agreements etc.

LEGAL PROFESSION ACT 2007 - SECT 735

735 Application of part 3.4 to client agreements etc.

(1) This section applies if—

(a) a client agreement under repealed section 48, including after the commencement, is made between a client and a law practice; or

(b) a law practice performs urgent work as mentioned in section 734(1)(b) even though there is no client agreement or costs agreement for the work.

(2) To the extent part 3.4 provides for any of the following, part 3.4 does not apply to the law practice in relation to the client for the matter the subject of the client agreement or urgent work—

(a) a thing to be done before a costs agreement is made, including, for example, disclosures under sections 308, 309 and 313;

(b) the form of a disclosure to be made under part 3.4, including, for example, the requirements under section 314;

(c) the parties to, or a provision that must, may or may not be included in, a costs agreement, including, for example, matters stated in sections 322, 323, 324 and 325;

(d) a consequence for failing to do a thing before a costs agreement is made, including, for example, the effect of failure to make a disclosure as mentioned in section 316 or 327.

(3) However, subsection (2) does not prevent the application of part 3.4 to other matters including the application of a provision that refers to a costs agreement.

Note—

The definition of
"costs agreement" includes an agreement made under repealed part 4A or section 734.

(4) Without limiting subsection (3), the following provisions apply, in the way stated, to a law practice in relation to a client for the matter the subject of a client agreement—

(a) section 315 as if a reference to ‘under this division’ included ‘for a client agreement’;

(b) section 318 as if a reference to ‘under this division’ included ‘for a client agreement’;

(c) section 319 as if a reference to ‘a costs agreement made under division 5’ were to ‘a client agreement made under the repealed Queensland Law Society Act 1952 , part 4A ’;

(d) section 328 as if a reference to ‘disclosures required under division 3’ were to disclosures required under the repealed Queensland Law Society Act 1952 , section 48 .

(5) Despite the repeal of the Queensland Law Society Act 1952 , repealed section 48F continues to apply to a client agreement.