Obligations and privileges of practitioners who are officers or employees
11 Obligations and privileges of practitioners who are officers or employees
A legal practitioner who provides legal services on behalf of an incorporated legal practice in the capacity of an officer or employee of the practice—
is not excused from compliance with professional obligations as a legal practitioner, or any obligations as a legal practitioner under any law;
and
does not lose the professional privileges of a legal practitioner.
For the purposes only of subclause (1), the professional obligations and professional privileges of a practitioner apply as if—
where there are 2 or more legal practitioner directors of an incorporated legal practice—the practice were a partnership of the legal practitioner directors and the employees of the practice were employees of the legal practitioner directors; or
where there is only 1 legal practitioner director of an incorporated legal practice—the practice were a sole practitioner and the employees of the practice were employees of the legal practitioner director.
The law relating to client legal privilege (or other legal professional privilege) is not excluded or otherwise affected because a legal practitioner is acting in the capacity of an officer or employee of an incorporated legal practice.
The directors of an incorporated legal practice do not breach their duties as directors merely because legal services are provided pro bono by a legal practitioner employed by the practice.
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