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LEGAL PROFESSION ACT 2007 - SECT 309
Disclosure if another law practice is to be retained
309 Disclosure if another law practice is to be retained
(1) If a law practice intends to retain another law practice on behalf of a
client, the first law practice must disclose to the client— (a) if the law
practice makes a disclosure to the client under section 307B —the details
mentioned in section 307B (2) (b) , (c) and (d) in relation to the other law
practice; or
(b) if the law practice makes a disclosure to the client under
section 308 —the details mentioned in section 308 (4) (a) , (c) and (d) in
relation to the other law practice.
(1A) The disclosure required under
subsection (1) is in addition to the disclosure required under section 307B or
308 .
(2) A law practice retained or to be retained on behalf of a client by
another law practice is not required to make disclosure to the client under
section 307B or 308 , but must disclose to the other law practice the
information necessary for the other law practice to comply with subsection (1)
.
(3) This section does not apply if the first law practice ceases to act for
the client in the matter when the other law practice is retained. Example—
If a barrister is retained by a firm of solicitors on behalf of a client of
the firm, the barrister must disclose to the firm details of the barrister’s
legal costs and billing arrangements, and the firm must disclose those details
to the client. The barrister is not required to make a disclosure directly to
the client.
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