Legal Profession > Practice Management > Supplemental Information > Practitioners as ‘Acting Principal’

Practitioners as ‘Acting Principal’

Circumstances may arise where a practitioner with the PMC Condition imposed on their practising certificate is asked to be an ‘Acting Principal’ during a period of absence (for example on leave) of their Principal.

Again, these practitioners are not intending to commence as a Principal in their own right and hence will not, as a matter of course, lodge a Form 11 (Notice of Intention to Commence as a Principal) or Form 12 (Request to Revoke the Condition on a Local Practising Certificate).

As with some locums, it may be that the ‘Acting Principal’ will not truly be taking on any of the responsibilities associated with being a Principal, and will be acting as an employed practitioner and in contact with the true Principal during the absence. In these circumstances, a simple notification is required as the practitioner’s status has no implication on the PMC Condition.

However, true ‘Acting Principals’ should either comply with the PMC Condition, or seek revocation or variation of the PMC Condition. In circumstances where the ‘Acting Principal’ arrangement is on a restricted or very short term basis, the practitioner should seek a variation to the PMC Condition.

As a general principle, ‘Acting Principals’ need to comply with the PMC Condition and should seek a revocation or variation of the PMC Condition and demonstrate their capability to act as a Principal.

Another example is where the Board may, if it thinks it appropriate, appoint a practitioner (who might be an employee of an incorporated legal practice, or otherwise subject to the PMC Condition) to exercise the functions of the legal practitioner director (as Principal) in the absence of the existing legal practitioner director. In this situation, as with external interveners, the Board would not make such an appointment if the practitioner did not have the requisite skills or experience to practice as a Principal. Appointed practitioners in these circumstances are encouraged to seek revocation or variation of the PMC Condition. In circumstances where the management appointment is on a restricted or very short term basis, the appointee is encouraged to seek a variation to the PMC Condition. 

Return to previous page