New Zealand Gazette – 1935 – No. 35

Page 1269

✨ Trust Account Regulations



May 9.] THE NEW ZEALAND GAZETTE. 1269

Moneys to be banked to Trust Account.

  1. No money shall be paid into a trust account other than—
    (a) Money held or received on account of a client:
    (b) Such money belonging to the solicitor as may be necessary for
    the purpose of opening or maintaining the account:
    (c) Money for replacement of any sum which may by mistake or
    accident have been drawn from the account in contravention
    of clause 6 hereof:
    (d) A cheque or draft received by the solicitor representing in part
    money belonging to the client and part money due to the
    solicitor, when such cheque or draft has not been split as
    provided by clause 4 hereof.

Withdrawal of Trust Moneys.

  1. No money shall be drawn from a trust account other than—
    (a) Money properly required for payment to or on behalf of a client,
    or for or towards payment of a debt due to the solicitor
    from a client, or money drawn on the client’s authority, or
    money in respect of which there is a liability of the client:
    Provided that the money so drawn shall not in any case
    exceed the total of the money so held for the time being for
    such client:
    (b) Such money belonging to the solicitor as may have been paid
    into the account under paragraph (b) or paragraph (d) of
    clause 5 hereof:
    (c) Money which may by mistake or accident have been paid into
    such account in contravention of clause 5 hereof.

Exemption.

  1. Clauses 4, 5, and 6 shall not apply to money which—
    (a) The client for his own convenience by writing requests a solicitor
    to withhold from a trust account:
    (b) A solicitor pays into a separate account opened or to be opened
    in the name of a client or some person named by that client
    or the duly authorized agent of that client and on which
    the solicitor is not empowered to operate:
    (c) In the ordinary course of business upon receipt is paid on behalf
    of the client to a third party:
    (d) Is upon receipt paid to the client:
    (e) Is paid to a solicitor expressly on account of costs:
    Provided that all moneys received and dealt with by a
    solicitor under any of the paragraphs (a), (b), (c), and (d) of
    this clause shall be entered in the solicitor’s books of account
    in such manner as to become subject to audit under Part II
    hereof.

Solicitor’s Lien not affected.

  1. Nothing in the provisions hereof shall be construed to take away
    or affect any just claim, charge, or lien which any solicitor may have
    against any moneys so received by him.

Trust Moneys unattachable.

  1. Trust moneys shall not be available for payment of the debts
    of any other creditor of a solicitor, nor shall such moneys be liable to
    be attached or taken in execution under the order or process of any
    Court at the instance of any such creditor.


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✨ LLM interpretation of page content

⚖️ Samoa Law Practitioners Order, 1935 (continued from previous page)

⚖️ Justice & Law Enforcement
29 April 1935
Regulations, Law Practitioners, Trust Accounts, Samoa