Legal Profession (Further Amendment) Regulations 2007

Legal Profession (Further Amendment) Regulations 2007 S.R. No. 112/2007 TABLE OF PROVISIONS Regulation Page 1 Objective 1 2 Authorising provision 1 3 Principal Regulations 1 4 Journal transfers 2 5 New regulations 3.4.4 and 3.4.5 inserted 3 3.4.4 Disclosure of costs to clients—form 3 3.4.5 Notification of client's rights—form 4 6 New forms inserted in Schedule 1 4 Form B3—Form of disclosure of costs to clients 4 Form B4—Form of notification of client's rights 5 ═══════════════ ENDNOTES 7 i -- 1 of 8 -- STATUTORY RULES 2007 S.R. No. 112/2007 Legal Profession Act 2004 Legal Profession (Further Amendment) Regulations 2007 The Governor in Council makes the following Regulations: Dated: 9 October 2007 Responsible Minister: ROB HULLS Attorney-General RUTH LEACH Clerk of the Executive Council 1 Objective The objective of these Regulations is to amend the Legal Profession Regulations 2005 to reflect amendments to the national Model Regulations and improve the regulation of the legal profession. 2 Authorising provision These Regulations are made under section 7.2.17 of the Legal Profession Act 2004. 3 Principal Regulations In these Regulations, the Legal Profession Regulations 20051 are called the Principal Regulations. 1 -- 2 of 8 -- S.R. No. 112/2007 Legal Profession (Further Amendment) Regulations 2007 r. 4 4 Journal transfers (1) In regulation 3.3.18(1) of the Principal Regulations, for paragraphs (b) and (c) substitute— "(b) subregulation (1A) is complied with.". (2) After regulation 3.3.18(1) of the Principal Regulations insert— "(1A) The transfer must be authorised in writing by— (a) in the case of a law practice— (i) an authorised principal of the law practice; or (ii) if a principal referred to in subparagraph (i) is not available— (A) an authorised legal practitioner associate; or (B) an authorised Australian legal practitioner who holds an unrestricted practising certificate authorising the receipt of trust money; or (C) two or more authorised associates jointly; or (iii) an external intervener for the law practice; (b) in the case of an approved clerk— (i) the approved clerk; or (ii) a person who is authorised by the approved clerk to sign cheques drawn on the general trust account without a co-signatory; or 2 -- 3 of 8 -- S.R. No. 112/2007 Legal Profession (Further Amendment) Regulations 2007 r. 5 (iii) 2 or more persons who are authorised by the approved clerk to sign cheques drawn on the general trust account jointly. (1B) In subregulation (1A)(a)— associate means an associate of the law practice; authorised means authorised by the law practice or an external intervener for the law practice to effect, direct or give authority for the transfer of trust money by journal entry from one trust ledger account in the law practice's trust ledger to another trust ledger account in the trust ledger; external intervener has the same meaning as in section 5.1.2 of the Act.". 5 New regulations 3.4.4 and 3.4.5 inserted At the end of Part 3.4 of the Principal Regulations insert— "3.4.4 Disclosure of costs to clients—form (1) A written statement in the form of Form B3 is prescribed for the purposes of section 3.4.9(3) of the Act in connection with the details referred to in section 3.4.9(1)(b)(i), (ia) and (ii), (h), (j), (k) and (m) of the Act. (2) The Commissioner must produce and maintain the fact sheet referred to in a written statement in the form of Form B3 and make it available on the Internet. (3) The Commissioner must develop the fact sheet in consultation with the professional associations. 3 -- 4 of 8 -- S.R. No. 112/2007 Legal Profession (Further Amendment) Regulations 2007 r. 6 3.4.5 Notification of client's rights—form (1) A written statement in the form of Form B4 is prescribed for the purposes of section 3.4.35(3) of the Act. (2) The Commissioner must produce and maintain the fact sheet referred to in a written statement in the form of Form B4 and make it available on the Internet. (3) The Commissioner must develop the fact sheet in consultation with the professional associations.". 6 New forms inserted in Schedule 1 After Form B2 in Schedule 1 to the Principal Regulations insert— "FORM B3 Regulation 3.4.4 FORM OF DISCLOSURE OF COSTS TO CLIENTS Legal Profession Act 2004 Legal costs—your right to know You have the right to— • negotiate a costs agreement with us • receive a bill of costs from us • request an itemised bill of costs within 30 days after you receive a lump sum bill from us • request written reports about the progress of your matter and the costs incurred in your matter • apply for costs to be assessed within 12 months if you are unhappy with our costs • apply for the costs agreement to be set aside 4 -- 5 of 8 -- S.R. No. 112/2007 Legal Profession (Further Amendment) Regulations 2007 r. 6 • make a complaint to the Legal Services Commissioner. This includes making a complaint that involves a civil dispute to the Legal Services Commissioner within 60 days after the legal costs were payable or, if an itemised bill was requested in respect of those costs, within 30 days after the request was complied with • accept or reject any offer we make for an interstate costs law to apply to your matter • notify us that you require an interstate costs law to apply to your matter For more information about your rights, please read the fact sheet entitled Legal costs—your right to know. You can ask us for a copy, or obtain it from the Legal Services Commissioner (or download it from their website). __________________ FORM B4 Regulation 3.4.5 FORM OF NOTIFICATION OF CLIENT'S RIGHTS Legal Profession Act 2004 Your rights in relation to legal costs The following avenues are available to you if you are not happy with this bill— • requesting an itemised bill • discussing your concerns with us • having our costs assessed • making a complaint to the Legal Services Commissioner • applying to set aside our costs agreement There may be other avenues available in your State or Territory (such as mediation). Time limits apply to the avenues for resolving costs disputes. 5 -- 6 of 8 -- S.R. No. 112/2007 Legal Profession (Further Amendment) Regulations 2007 r. 6 For more information about your rights, please read the fact sheet titled Your right to challenge legal costs. You can ask us for a copy, or obtain it from the Legal Services Commissioner (or download it from their website).". ═══════════════ 6 -- 7 of 8 -- S.R. No. 112/2007 Legal Profession (Further Amendment) Regulations 2007 Endnotes ENDNOTES 1 Reg. 3: S.R. No. 152/2005 as amended by S.R. No. 31/2007. 7 -- 8 of 8 --