Protecting out-posted practitioners

and other rule amendments

Issued: 21 December 2015

December's LSC rule making activities saw an urgent amendment to extend the definition of supervised legal practice to ensure out-posted practitioners can continue to be supervised by any appropriately qualified 'supervising lawyer'.

Commencing on Wednesday, 16 December 2015, the new legislation can be found at :  www.legislation.nsw.gov.au/maintop/epub

Mr Dale Boucher, CEO of the Council said:  "The amendment fills a gap in the definition of 'supervised legal practice' and provides certainty for everyone concerned.

"An employee out-posted while under supervision will comply with the Uniform Law, provided there is a supervising lawyer, even if that person is not in a common employment relationship with the supervised practitioner."

The amendment covers legal practice in these circumstances from 1 July 2015.  It also requires that supervision be adequate in the circumstances and not less than the supervision the employee would have received from their employer.

"It is in everyone's interest to have certainty about this issue and that new practitioners receive supervision that contributes their growth, confidence and competence in the practice of law," Mr Boucher said.

Also being considered is another amendment to cut red tape by removing the requirement for law practices to give a client a trust account statement when a statement has already been given in the reporting period; the ledger or account record is zero; and no further transactions have been made since the previous statement was given (UGR 52).

A new consultation on receipting of trust money will commence shortly to examine whether any refinement can be made to UGR 36.