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Where solicitor under no obligation to pay client’s money into client account

Legal Profession (Solicitors’ Accounts) Rules

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—(1) Notwithstanding the provisions of these Rules, a solicitor shall not be under obligation to pay into a client account client’s money held or received by him —(a)in the form of cash, and is without delay paid in cash in the ordinary course of business to the client or on his behalf to a third party;(b)in the form of a cheque or draft which is endorsed over in the ordinary course of business to the client or on his behalf to a third party and is not passed by the solicitor through a bank account or an account with an approved finance company account; or(c)which he pays into a separate bank account or into a separate account with an approved finance company opened or to be opened in the name of the client or of some person designated by the client in writing.(2) Notwithstanding the provisions of these Rules, a solicitor shall not pay into a client account, money held or received by him —(a)which the client for his own convenience requests the solicitor in writing to withhold from such account;(b)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 expressly paid to him —(i)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 for payment; or(ii)as an agreed fee (or on account of an agreed fee) for business undertaken or to be undertaken.(3) Where money includes client’s money as well as money of the nature described in paragraph (2), that money shall be dealt with in accordance with rule 5(3).(4) Notwithstanding the provisions of these Rules, the 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.

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