Disclosure if another law practice is to be retained
309 Disclosure if another law practice is to be retained
If a law practice intends to retain another law practice on behalf of a client, the first law practice must disclose to the client—
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
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.
The disclosure required under subsection (1) is in addition to the disclosure required under section 307B or 308.
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).
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.
This Act’s bill:Explanatory memorandum
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.