South Australian Current Acts

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LEGAL PRACTITIONERS ACT 1981 - SECT 90B

90B—Professional mentoring agreements

        (1)         The Society or the Commissioner may enter into an agreement with a legal practitioner (a "professional mentoring agreement") for the appointment of a professional mentor for the practitioner.

        (2)         A person is not eligible for appointment as a professional mentor for a legal practitioner unless he or she is a legal practitioner of at least 5 years standing (taking into account, for that purpose, periods of legal practice and judicial service within and outside the State).

        (3)         A professional mentor appointed for a legal practitioner

            (a)         is to provide guidance to the practitioner in relation to the conduct of the practitioner's practice and the meeting of his or her professional obligations; and

            (b)         has, in relation to the practitioner and the practitioner's practice, for the period of the appointment, the duties, obligations and powers prescribed in the regulations; and

            (c)         must report on the practitioner and the practitioner's practice as required by the regulations to the Society and, if the professional mentor was appointed under an agreement entered into with the Commissioner, the Commissioner.

        (4)         A professional mentoring agreement

            (a)         must be in writing; and

            (b)         must state the term for which the professional mentor has been appointed; and

            (c)         must comply with any requirements prescribed by the regulations.

        (5)         The initial term of appointment of a professional mentor for a legal practitioner may not exceed 6 months but the professional mentor may, at the end of the initial term of appointment, be appointed for a further term not exceeding 6 months.

        (6)         A professional mentor for a legal practitioner is to be remunerated by the legal practitioner or the relevant law practice in accordance with the method prescribed by the regulations.

        (7)         Any charge for which a legal practitioner or law practice is liable in accordance with the regulations is recoverable from the practitioner or law practice as a debt due to the professional mentor.

        (8)         The regulations may make further provision for the recovery of charges owing to professional mentors.

        (9)         If the Commissioner enters into a professional mentoring agreement with a legal practitioner, the Commissioner must provide the Society with a copy of the agreement.

        (10)         A legal practitioner who has entered into a professional mentoring agreement may, for any proper purpose, disclose a matter to the professional mentor and such disclosure will be taken not to affect the operation of client legal privilege (or other legal professional privilege).



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