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Home arrow Governing Laws arrow Solicitors' Account Rules 1990 arrow Rule 9. Client's money may not be paid into client account in certain cases
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Rule 9. Client's money may not be paid into client account in certain cases PDF Print E-mail

(1) Notwithstanding the provisions of these Rules, a solicitor shall not be obliged to pay into a client account client's money held or received by him -

    (a) which is received by him in the form of cash, and is without delay paid in cash in the ordinary course of business to the client or a third party or in the case of solicitor trust money to a third party in execution of the trust; or

    (b) which is received by him in the form of a cheque or draft which is endorsed over in the ordinary course of business to the client or third party or in the case of solicitor trust money to a third party in execution of the trust and is not passed by the solicitor through a bank account; or

    (c) which he pays into a separate banking account opened in the name of the client or some persons named by the client.

(2) Notwithstanding the provisions of these Rules, a solicitor shall not pay into a client account client's money held or received by him -

    (a) which the client for his own convenience request the solicitor to withhold from such account; or

    (b) which is received by him for or towards payment of a debt due to the solicitor from the client or in reimbursement of money expended by the solicitor on behalf of the client; or

    (c) which is paid to him expressly on account of costs incurred, in respect of which a bill of costs or other written intimation of the amount of the costs has been delivered, or as an agreed fee, or on account of an agreed fee, for business undertaken or to be undertaken.

(3) Where a cheque or draft includes other client's money as well as client's money of the nature described in subrule (2) such cheque or draft shall be dealt with in accordance with rule 5.

(4) Notwithstanding the provisions of these Rules, the Bar Council may upon an application made to it by a solicitor specifically authorise him in writing to withhold any client's money from a client account.


Last checked: 11 Nov 2010
 
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