ACTIn ForceAct
Legal Profession Act 2006
113Disclosure obligations—incorporated legal practices
Start here
Get a plain-English read of 113
Turn the raw legal text into a practical explanation grounded in Legal Profession Act 2006.
113 Disclosure obligations—incorporated legal practices
(1) A person (the legal practitioner) commits an offence if—
(a) someone else (the client) engages an incorporated legal practice
to provide services (the required services) that the client might
reasonably assume to be legal services; and
(b) the practice provides services other than legal services in the
ACT; and
(c) the legal practitioner is—
(i) a legal practitioner director of the practice; or
(ii) an employee of the practice who is an Australian legal
practitioner and provides the required services on behalf of
the practice; and
(d) the legal practitioner fails to ensure that a disclosure, complying
with the requirements of this section, is made to the client in
relation to the provision of the required services.
(2) The disclosure must be made by giving the client a written notice—
(a) setting out the services to be provided; and
(b) stating whether or not all the legal services to be provided will
be provided by an Australian legal practitioner; and
(c) if some or all of the legal services to be provided will not be
provided by an Australian legal practitioner—identifying those
services and indicating the status or qualifications of the people
who will provide the services; and
(d) stating that this Act applies to the provision of legal services but
not to the provision of the nonlegal services.
(3) A regulation may make provision in relation to the following matters:
(a) how a disclosure must be made;
(b) additional matters required to be disclosed in relation to the
provision of legal services or nonlegal services by an
(4) The additional matters may include the kind of services provided by
the incorporated legal practice and whether the services are or are not
covered by the insurance or other provisions of this Act.
(5) A disclosure under this section to a person about the provision of legal
services may relate to the provision of legal services once, more than
once or on an ongoing basis.