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In forceAmended2020 Revised Edition
Contents

Part 9A · Law Practice Entities

142. Professional misconduct

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Amended

Last amended by an amending law of 2023. 2 amendments in all.

(1)

An act or omission of a regulated legal practitioner may constitute unsatisfactory professional conduct or professional misconduct even though it is only done or occurs while the regulated legal practitioner provides legal services through a limited liability law partnership.

(2)

Where the business of a limited liability law partnership is conducted in a manner unbefitting an honourable profession, and such conduct cannot be attributed to the act or omission of any particular individual (being a solicitor, regulated foreign lawyer or regulated non‑practitioner) whose identity is known —

(a)

each partner of the limited liability law partnership who is a solicitor shall be liable (or, if there are 2 or more such partners, shall be jointly liable with every other such partner) to such disciplinary proceedings under this Act as are applicable to a solicitor;

(b)

each partner of the limited liability law partnership who is a regulated foreign lawyer shall be liable (or, if there are 2 or more such partners, shall be jointly liable with every other such partner) to such disciplinary proceedings under this Act as are applicable to a regulated foreign lawyer; and

(c)

each partner of the limited liability law partnership who is a regulated non‑practitioner shall be liable (or, if there are 2 or more such partners, shall be jointly liable with every other such partner) to such disciplinary proceedings under this Act as are applicable to a regulated non‑practitioner.

(3)

Except with the prior approval of the Director of Legal Services or in circumstances prescribed in any rules made under section 150, a partner or employee of a limited liability law partnership who is a solicitor (whether or not he or she has in force a practising certificate) or a lawyer (NP) (whether or not he or she has in force a provisional practising certificate), must not —

(a)

hold shares in any law corporation;

(b)

be a director, consultant or employee of any law corporation;

(c)

be a partner, consultant or employee of any law firm or any other limited liability law partnership; or

(d)

practise as a solicitor on his or her own account.

(4)

Subsection (3) does not prevent a locum solicitor engaged by a limited liability law partnership from concurrently practising as a locum solicitor in another limited liability law partnership or any law firm or law corporation.

(5)

Except with the prior approval of the Director of Legal Services or in circumstances prescribed in any rules made under section 150 —

(a)

a partner or employee of a limited liability law partnership who is a regulated foreign lawyer must not —

(i)

hold shares in any law corporation;

(ii)

be a director, consultant or employee of any law corporation; or

(iii)

be a partner, consultant or employee of any law firm or any other limited liability law partnership; and

(b)

a partner or employee of a limited liability law partnership who is a regulated non‑practitioner must not —

(i)

hold shares in any law corporation;

(ii)

be a director or employee of any law corporation; or

(iii)

be a partner or employee of any law firm or any other limited liability law partnership.

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