AustLII Tasmanian Consolidated Acts

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LEGAL PROFESSION ACT 2007 - SECT 534

Role of manager

(1)  A manager for a law practice may carry on the practice and may do all things that the practice or a legal practitioner associate of the practice might lawfully have done, including but not limited to the following:
(a) transacting any urgent business of the practice;
(b) transacting, with the approval of any or all of the existing clients of the practice, any business on their behalf, including –
(i) commencing, continuing, defending or settling any proceedings; and
(ii) receiving, retaining and disposing of property;
(c) accepting instructions from new clients and transacting any business on their behalf, including –
(i) commencing, continuing, defending or settling any proceedings; and
(ii) receiving, retaining and disposing of regulated property;
(d) charging and recovering legal costs, including legal costs for work in progress at the time of the appointment of the manager;
(e) entering into, executing or performing any agreement;
(f) dealing with trust money in accordance with this Act and the regulations;
(g) winding up the affairs of the practice.
(2)  For the purpose of exercising his or her powers under subsection (1) , the manager may exercise any or all of the following powers:
(a) to enter and remain on premises used by the law practice for or in connection with its engaging in legal practice;
(b) to require the practice, an associate or former associate of the practice or any other person who has or had control of client files and associated documents (including documents relating to trust money received by the practice) to give the manager either or both of the following:
(i) access to the files and documents the manager reasonably requires;
(ii) information relating to client matters the manager reasonably requires;
(c) to operate equipment or facilities on the premises, or to require any person on the premises to operate equipment or facilities on the premises, for a purpose relevant to his or her appointment;
(d) to take possession of any relevant material and retain it for as long as may be necessary;
(e) to secure any relevant material found on the premises against interference, if the material cannot be conveniently removed;
(f) to take possession of any computer equipment or computer program reasonably required for a purpose relevant to his or her appointment.
(3)  If the manager takes anything from the premises, the manager must issue a receipt in a form approved by the Board and –
(a) if the occupier or a person apparently responsible to the occupier is present at or near the premises, give it to him or her; or
(b) otherwise, leave it at the premises in an envelope addressed to the occupier.
(4)  If the manager is refused access to the premises or the premises are unoccupied, the manager may use whatever appropriate force is necessary to enter the premises and may be accompanied by a police officer to assist entry.



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