Legal Profession Uniform Legal Practice (Solicitors) Rules 2015 (2015-245) (NSW)

Legal Profession Uniform Legal Practice (Solicitors) Rules 2015

1 Citation 1.1 These Rules are designated as Legal Profession Legal Practice Rules and may be cited as the Legal Profession Uniform Legal Practice (Solicitors) Rules 2015.

2 Commencement 2.1 These Rules come into operation on 1 July 2015.

3 Objective 3.1 The objective of these Rules is to regulate aspects of legal practice by solicitors.

4 Authorising provisions 4.1 These Rules were developed by the Law Council of Australia in accordance with section 427 of the Legal Profession Uniform Law and are made by the Legal Services Council under Part 9.2 of that Law.

5 Definitions 5.1 In these Rules: Uniform Law means the Legal Profession Uniform Law as applied in a participating jurisdiction.

6 Transfer of a solicitor's practice 6.1 When a solicitor intends to transfer to another solicitor the whole or part of the solicitor's practice, including clients' work in progress, and to put the other solicitor in possession of the documents held by the solicitor on behalf of clients, before the solicitor delivers possession of the practice to the solicitor acquiring it the solicitor must give to each client at least 14 days (or such other period as may be reasonable in the circumstances) notice in writing of: 6.1.1 the intended transfer of documents to the solicitor acquiring the practice, unless a contrary direction is received from the client, and 6.1.2 the client's right to give to the solicitor a contrary direction in relation to the conduct of the client's affairs and the delivery of the client's documents. 6.2 Any notice sent to a client on whose behalf the solicitor holds money in trust or under the solicitor's control must advise the client of: 6.2.1 the balance of money held on the client's behalf, and 6.2.2 the solicitor's intention to transfer the relevant account to the solicitor acquiring the practice, unless advised by the client to the contrary, and 6.2.3 the client's right to give to the solicitor a contrary direction as to the manner in which the solicitor should deal with the account on the client's behalf. 6.3 Rules 6.1 and 6.2 do not apply where a new partner is admitted to a partnership which continues to conduct the practice.