Queensland Consolidated Acts

LEGAL PROFESSION ACT 2007 - SECT 303

303 Part also applies by agreement or at client’s election

(1) This part applies to a matter if—

(a) either—

(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

(b) either or both of the following—

(i) the legal services are or will be provided wholly or primarily in this jurisdiction;

(ii) the matter has a substantial connection with this jurisdiction; 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) for the matter; or

(ii) the client gives notice under subsection (2) (b) for 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.

(4) A notice has no effect for subsection (2) (b) if it is given after the period of 28 days after the law practice discloses to the client, under a corresponding law, information about the client’s right to give notice of that kind, but nothing in this subsection prevents an agreement mentioned in subsection (2) (a) from coming into effect at any time.