Northern Territory Consolidated Acts

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LEGAL PROFESSION ACT 2006 - SECT 298

Part also applies by agreement or at client's election

    (1)     This Part applies to a matter if:

        (a)     either:

            (i)     this Part does not currently apply to the matter; or

            (ii)     it is not possible to decide the jurisdiction in which the client first instructs the law practice in relation to the matter; and

        (b)     either:

            (i)     the legal services are or will be provided wholly or primarily in this jurisdiction; or

            (ii)     the matter has a substantial connection with this jurisdiction;

    or both; and

        (c)     either:

            (i)     the client accepts, in writing or by other conduct, a written offer to enter into an agreement under subsection (2)(a) in respect of the matter; or

            (ii)     the client gives a notice under subsection (2)(b) in respect of the matter.

    (2)     For subsection (1)(c), the client may:

        (a)     accept, in writing or by other conduct, a written offer that complies with subsection (3) to enter into a written agreement with the law practice that this Part is to apply to the matter; or

        (b)     notify the law practice in writing that the client requires this Part to apply to the matter.

    (3)     An offer referred to in subsection (2)(a) must clearly specify:

        (a)     that it is an offer to enter into an agreement that this Part is to apply to the matter; and

        (b)     that the client may accept it in writing or by other conduct; and

        (c)     the type of conduct that will constitute acceptance.

    (4)     A notification has no effect for subsection (2)(b) if it is given after the period of 28 days after the law practice discloses to the client (under a corresponding law) information about the client's right to make a notification of that kind but nothing in this subsection prevents an agreement referred to in subsection (2)(a) from coming into effect at any time.



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