Victorian Consolidated Legislation

Legal Profession Act 2004 - SECT 2.7.10.

2.7.10. Incorporated legal practice must have legal practitioner director

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

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

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

   (a)  in accordance with the professional obligations of Australian legal
        practitioners and other obligations imposed by or under this Act, the
        regulations or the legal profession rules; and

   (b)  so that those obligations of 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 Australian
legal practitioners or other obligations imposed by or under this Act, the
regulations or the legal profession rules, the director must take all
reasonable action available to the director to ensure that-

   (a)  the breaches do not occur; and

   (b)  appropriate remedial action is taken in respect of breaches that do
        occur.

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(6) Nothing in this Part derogates from the obligations or liabilities of a
director of an incorporated legal practice under any other law.

(7) 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.