35Liability of principals

35 Liability of principals

35 Liability of principals

(1) If a law practice contravenes, whether by act or omission, any provision of this Law or the Uniform Rules imposing an obligation on the law practice, a principal of the law practice is taken to have contravened the same provision, if—

(a) the principal knowingly authorised or permitted the contravention; or

(b) the principal was in, or ought reasonably to have been in, a position to influence the conduct of the law practice in relation to its contravention of the provision and failed to take reasonable steps to prevent the contravention by the law practice.

(2) A contravention by a principal arising under subsection (1) is capable of constituting unsatisfactory professional conduct or professional misconduct by the principal.

(3) Neither subsection (1) nor (2) affects any liability of the law practice or any other person for the contravention.

Note

Section 470 deals with contraventions by partnerships and other unincorporated bodies.