New South Wales Consolidated Acts

LEGAL PROFESSION UNIFORM LAW (NSW) - SECT 336

336 Role of managers

(1) A manager for a law practice may carry on the law practice and may do all things that the law practice or a legal practitioner associate of the law practice might lawfully have done, including but not limited to the following--

(a) transacting any business of the law practice that the manager reasonably believes to be urgent;

(b) transacting, with the approval of any or all of the existing clients of the law practice, any business on their behalf, including--

(i) commencing, continuing, defending or settling any proceedings; and

(ii) receiving, retaining and disposing of property;

(c) accepting instructions from new clients and transacting any business on their behalf, including--

(i) commencing, continuing, defending or settling any proceedings; and

(ii) receiving, retaining and disposing of regulated property;

(d) charging and recovering legal costs, including legal costs for work in progress at the time of the appointment of the manager;

(e) entering into, executing or performing any agreement;

(f) dealing with trust money or trust property;

(g) winding up the affairs of the law practice.

(2) For the purpose of exercising his or her powers under subsection (1), the manager may exercise any or all of the following powers--

(a) to enter and remain on premises used by the law practice for or in connection with its engaging in legal practice;

(b) to require the law practice, an associate or former associate of the law practice or any other person who has or had control of client files and associated documents (including documents relating to trust money received by the law practice) to give the manager either or both of the following--

(i) access to the files and documents the manager reasonably requires;

(ii) information relating to client matters the manager reasonably requires;

(c) to operate equipment or facilities on the premises, or to require any person on the premises to operate equipment or facilities on the premises, for a purpose relevant to his or her appointment;

(d) to take possession of any relevant material and retain it for as long as may be necessary;

(e) to secure any relevant material found on the premises against interference, if the material cannot be conveniently removed;

(f) to take possession of any computer equipment or computer program reasonably required for a purpose relevant to his or her appointment.

(3) If the manager takes anything from the premises, the manager must issue a receipt in a form approved by the designated local regulatory authority and--

(a) if the occupier or a person apparently responsible to the occupier is present at or near the premises, give it to him or her; or

(b) otherwise, leave it at the premises in an envelope addressed to the occupier.

(4) The manager may enter and remain on premises under subsection (2)(a) only--

(a) during normal business hours; or

(b) during other hours with the consent of the occupier of the premises.

(5) The manager must not enter premises under subsection (2)(a) unless, before the entry, he or she has produced for inspection by the occupier--

(a) the manager's notice of appointment; and

(b) a form of identification that includes the manager's photograph and signature.

(6) However, if the manager is refused access to the premises or the premises are unoccupied and the manager considers that entry is necessary to prevent destruction of documents or for another urgent reason, the manager may use whatever appropriate force is necessary to enter the premises and may be accompanied by a member of the police force to assist entry.

(7) The manager must take all reasonable steps to return any material to the person entitled to it as soon as it is no longer required for the purpose of the manager's functions.

(8) If the manager takes possession of--

(a) a document, disk, tape or other thing that can be readily copied; or

(b) a storage device the information in which can be readily copied--

under this section, the manager (on request by the occupier, a principal of a law practice or a person from whom it was taken) must give a copy of the thing or information to that person as soon as practicable after taking possession of it.