Queensland Consolidated Acts

LEGAL PROFESSION ACT 2007 - SECT 508

508 Role of manager

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

(a) transacting any urgent business of the practice;

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

(i) starting, continuing, defending or settling any proceeding; and

(ii) receiving, retaining and disposing of property;

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

(i) starting, continuing, defending or settling any proceeding; and

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

(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 under this Act;

(g) winding up the affairs of the practice.

(2) For performing the functions of the manager for the law practice, the manager may do any or all of the following—

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

(b) require the law practice or an associate or former associate of the law practice, or another person who has or had control of files (including documents relating to trust money received by the practice) to give the supervisor either or both of the following—

(i) access to the files or documents that the supervisor reasonably requires;

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

(c) operate equipment or facilities on the premises, or require a person on the premises to operate equipment or facilities on the premises, for a purpose relevant to the manager’s appointment;

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

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

(f) take possession of any computer equipment or computer program reasonably required for a purpose relevant to the manager’s appointment.

(3) If the manager takes something from the premises, the manager must issue a receipt, in a law society approved form, and—

(a) if the occupier or a person apparently responsible to the occupier is present at or near the premises—give the receipt to the occupier or person; or

(b) otherwise—leave the receipt at the premises in an envelope addressed to the occupier.

(4) If the manager is refused access to the premises or the premises are unoccupied, the manager must advise the law society about the refusal.

(5) For this section, the manager is declared to be a public official for the Police Powers and Responsibilities Act 2000 , chapter 1 , part 3 , division 2 .