ACTIn ForceAct
Legal Profession Act 2006
108Obligations of legal practitioner director relating to
Start here
Get a plain-English read of 108
Turn the raw legal text into a practical explanation grounded in Legal Profession Act 2006.
108 Obligations of legal practitioner director relating to
misconduct—incorporated legal practices
(1) Each of the following can be unsatisfactory professional conduct or
professional misconduct by a legal practitioner director:
(a) unsatisfactory professional conduct or professional misconduct
of an Australian legal practitioner employed by the incorporated
legal practice;
(b) conduct of any other director (other than an Australian legal
practitioner) of the incorporated legal practice that adversely
affects the provision of legal services by the practice;
(c) the unsuitability of any other director (other than an Australian
legal practitioner) of the incorporated legal practice to be a
director of a corporation that provides legal services.
(2) A legal practitioner director is not guilty of unsatisfactory
professional conduct or professional misconduct under subsection (1)
if the director establishes that the director took all reasonable steps to
ensure that—
(a) Australian legal practitioners employed by the incorporated
legal practice did not engage in conduct or misconduct
mentioned in subsection (1) (a); or
(b) any other directors (other than Australian legal practitioners) of
the incorporated legal practice did not engage in conduct
mentioned in subsection (1) (b); or
(c) unsuitable directors (other than Australian legal practitioners) of
the incorporated legal practice were not appointed or holding
office as mentioned in subsection (1) (c).
(3) A legal practitioner director of an incorporated legal practice must
ensure that all reasonable action available to the legal practitioner
director is taken to deal with any unsatisfactory professional conduct
or professional misconduct of an Australian legal practitioner
employed by the practice.