Obligations of legal practitioner director relating to misconduct
9 Obligations of legal practitioner director relating to misconduct
Each of the following is capable of constituting unsatisfactory professional conduct or professional misconduct by a legal practitioner director:
unsatisfactory professional conduct or professional misconduct of a legal practitioner employed by the incorporated legal practice;
conduct of any other director (not being a legal practitioner) of the incorporated legal practice that adversely affects the provision of legal services by the practice;
the unsuitability of any other director (not being a legal practitioner) of the incorporated legal practice to be a director of a corporation that provides legal services.
A legal practitioner director is not guilty of unsatisfactory professional conduct or professional misconduct under subclause (1) if the director establishes that he or she took all reasonable steps to ensure that—
legal practitioners employed by the incorporated legal practice did not engage in conduct or misconduct referred to in subclause (1)(a); or
directors (not being legal practitioners) of the incorporated legal practice did not engage in conduct referred to in subclause (1)(b); or
unsuitable directors (not being legal practitioners) of the incorporated legal practice were not appointed or holding office as referred to in subclause (1)(c), as the case requires.
A legal practitioner director of an incorporated legal practice must ensure that all reasonable action available to the legal practitioner director is taken to deal with any unsatisfactory professional conduct or professional misconduct of a legal practitioner employed by the practice.
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