Legal Services Regulation Act 2015

110.

Operation of multi-disciplinary practice

110. (1) A multi-disciplinary practice shall have written procedures in place, to which all partners and employees of the practice are subject, that—

(a) ensure that legal services are provided by the practice in a manner that complies with paragraphs (a) and (b) of section 108(3) , and

(b) facilitate compliance by the managing legal practitioner with his or her obligations under this Act.

(2) Without prejudice to the generality of subsection (1), procedures referred to in that subsection shall—

(a) provide that partners and employees of the multi-disciplinary practice concerned are obliged to comply with—

(i) such directions of the managing legal practitioner as he or she considers necessary to issue in order to comply with his or her obligations under this Act, and

(ii) subsection (3),

and

(b) include such procedures as may be specified in regulations under section 116 .

(3) A person shall not cause or induce a legal practitioner who is a partner in or an employee of a multi-disciplinary practice to provide legal services in a manner that does not comply with paragraphs (a) or (b) of section 108(3) .

(4) The managing legal practitioner of a multi-disciplinary practice shall ensure that—

(a) separate accounting records are maintained by the multi-disciplinary practice in respect of—

(i) the legal services provided by it, and

(ii) the services other than legal services provided by it,

(b) moneys received, held, controlled or paid by a legal practitioner who is a partner in, or an employee of, the multi-disciplinary practice, arising from the provision by the practice of legal services, are held in a separate bank account to moneys otherwise received, held or controlled by the practice, and

(c) fees or other income arising from the provision by the practice of legal services are held in a separate bank account to fees or other income arising from the provision by the practice of services other than legal services.

(5) A legal practitioner who is a partner in or employee of a multi-disciplinary practice shall not, in the provision by him or her of legal services to a client, disclose the affairs of the client to a partner or employee of the practice who is not also engaged in the provision of legal services to that client, without the express consent of the client concerned.

(6) Subject to subsection (7), nothing in this Part shall be construed as affecting any entitlement of a person under an enactment or rule of law to inspect a multi-disciplinary practice or to obtain information from a partner in or employee of such a practice in relation to the provision by the practice of services other than legal services.

(7) Subsection (6) shall not be construed as permitting a person referred to in that subsection to obtain information in the possession of a legal practitioner who is a partner in or employee of a multi-disciplinary practice where that information is the subject of legal privilege.