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).