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Legal Profession Act 2006
110Obligations and privileges of practitioners who are
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110 Obligations and privileges of practitioners who are
officers or employees of incorporated legal practices
(1) An Australian legal practitioner who provides legal services on behalf
of an incorporated legal practice in the capacity of an officer or
employee of the practice—
(a) is not excused from complying with professional obligations as
an Australian legal practitioner, or any obligations as an
Australian legal practitioner under any law; and
(b) does not lose the professional privileges of an Australian legal
(2) For subsection (1) only, the professional obligations and professional
privileges of a practitioner apply—
(a) if there are 2 or more legal practitioner directors of an
incorporated legal practice—as if the practice were a partnership
of the legal practitioner directors and the employees of the
practice were employees of the legal practitioner directors; or
(b) if there is only 1 legal practitioner director of an incorporated
legal practice—as if the practice were a sole practitioner and the
employees of the practice were employees of the legal
practitioner director.
(3) 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 only because legal services are provided pro bono
by an Australian legal practitioner employed by the practice.