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Legal Profession Act 2006
264Pt 3.2 also applies by agreement or at client’s election
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264 Pt 3.2 also applies by agreement or at client’s election
(1) This part applies to a matter if—
(i) this part does not currently apply to the matter; or
(ii) it is not possible to decide the jurisdiction in which the
client first instructs the law practice in relation to the
matter; and
(i) the legal services are or will be provided completely or
primarily in the ACT; or
(ii) the matter has a substantial connection with the ACT;
or both; and
(c) either—
(i) the client accepts, in writing or by other conduct, a written
offer to enter into an agreement under subsection (2) (a) in
relation to the matter; or
(ii) the client gives a notification under subsection (2) (b) in
relation to the matter.
(2) For subsection (1) (c), the client may—
(a) accept, in writing or by other conduct, a written offer that
complies with subsection (3) to enter into an agreement with the
law practice that this part is to apply to the matter; or
(b) notify the law practice in writing that the client requires this part
to apply to the matter.
(3) An offer mentioned in subsection (2) (a) must clearly state—
(a) that it is an offer to enter into an agreement that this part is to
apply to the matter; and
(b) that the client may accept it in writing or by other conduct; and
(c) the type of conduct that will constitute acceptance of the offer.
Application—pt 3.2 Division 3.2.2
(4) A notification has no effect for subsection (2) (b) if it is given after
the period of 28 days after the day the law practice discloses to the
client (under a corresponding law) information about the client’s right
to make a notification of that kind, but nothing in this subsection
prevents an agreement mentioned in subsection (2) (a) from coming
into effect at any time.