Liability of principals
644 Liability of principals
If a law practice contravenes, whether by act or omission, any provision of this Act or the regulations imposing an obligation on the practice, each principal of the practice is taken to have contravened the same provision, unless the principal establishes that – the practice contravened the provision without the actual, imputed or constructive knowledge of the principal; or the principal was not in a position to influence the conduct of the law practice in relation to its contravention of the provision; or the principal, if in that position, used all due diligence to prevent the contravention by the practice.
Subsection (1) does not affect the liability of the law practice for the contravention.
A contravention of a requirement imposed on a law practice by this Act is capable of constituting unsatisfactory professional conduct or professional misconduct by a principal of the practice.
This provision refers to the regulations (the regulations
). Made under this Act:
- Law Society By-laws 2023 · Regulation · under section 627
- Legal Profession (Prescribed Authorities) Regulations 2018
- Legal Profession Regulations 2018
7 more instruments made under this Act are listed on the Act’s overview.
This Act’s bill:Explanatory notesSecond reading speech
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