sec.713ADestruction of client documents

### sec.713A Destruction of client documents A law practice may destroy a client document relating to a matter if— it is at least 7 years since the completion of the matter; and the law practice has been unable, despite making reasonable efforts, to obtain instructions from the client about the destruction of the document; and it is reasonable in the circumstances, having regard to the nature and content of the document, to destroy the document. For subsection (1) , it does not matter whether the person entitled to the client document is or was a client of the law practice holding the document or of another law practice. Destruction of a client document by a law practice, other than as provided by subsection (1) or on instructions from the client, is capable of constituting unsatisfactory professional conduct or professional misconduct on the part of— any Australian legal practitioner involved in the destruction; and if an associate of the law practice involved in the destruction is not a principal of the law practice—a principal of the practice. The law society may destroy a client document relating to a matter if— the law society is holding the document (for example, because of the appointment, under part 5.5 , of a receiver for the law practice that was engaged by the client to provide legal services for the matter); and it is at least 7 years since the end of the law practice’s engagement by the client to provide legal services for the matter; and the law society has been unable, despite making reasonable efforts, to obtain instructions from the client about the destruction of the document; and it is reasonable in the circumstances, having regard to the nature and content of the document, to destroy the document. In this section— client document means a document to which a client is entitled. law practice includes a community legal service. s 713A ins 2023 No. 23 s 118 (sec.713A-ssec.1) A law practice may destroy a client document relating to a matter if— it is at least 7 years since the completion of the matter; and the law practice has been unable, despite making reasonable efforts, to obtain instructions from the client about the destruction of the document; and it is reasonable in the circumstances, having regard to the nature and content of the document, to destroy the document. (sec.713A-ssec.1A) For subsection (1) , it does not matter whether the person entitled to the client document is or was a client of the law practice holding the document or of another law practice. (sec.713A-ssec.2) Destruction of a client document by a law practice, other than as provided by subsection (1) or on instructions from the client, is capable of constituting unsatisfactory professional conduct or professional misconduct on the part of— any Australian legal practitioner involved in the destruction; and if an associate of the law practice involved in the destruction is not a principal of the law practice—a principal of the practice. (sec.713A-ssec.3) The law society may destroy a client document relating to a matter if— the law society is holding the document (for example, because of the appointment, under part 5.5 , of a receiver for the law practice that was engaged by the client to provide legal services for the matter); and it is at least 7 years since the end of the law practice’s engagement by the client to provide legal services for the matter; and the law society has been unable, despite making reasonable efforts, to obtain instructions from the client about the destruction of the document; and it is reasonable in the circumstances, having regard to the nature and content of the document, to destroy the document. (sec.713A-ssec.4) In this section— client document means a document to which a client is entitled. law practice includes a community legal service. - (a) it is at least 7 years since the completion of the matter; and - (b) the law practice has been unable, despite making reasonable efforts, to obtain instructions from the client about the destruction of the document; and - (c) it is reasonable in the circumstances, having regard to the nature and content of the document, to destroy the document. - (a) any Australian legal practitioner involved in the destruction; and - (b) if an associate of the law practice involved in the destruction is not a principal of the law practice—a principal of the practice. - (a) the law society is holding the document (for example, because of the appointment, under part 5.5 , of a receiver for the law practice that was engaged by the client to provide legal services for the matter); and - (b) it is at least 7 years since the end of the law practice’s engagement by the client to provide legal services for the matter; and - (c) the law society has been unable, despite making reasonable efforts, to obtain instructions from the client about the destruction of the document; and - (d) it is reasonable in the circumstances, having regard to the nature and content of the document, to destroy the document.