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Professional Standards

 

The Section

Guidelines

Closing, Storage and Destruction of Files

Lawyers Acting for Children

Policy for Handling LSC Payments Inclusive of Unpaid Disbursements

Financial Services Reform - Do you require a licence?

Professional Conduct Rules (pdf format)

Ethics and Professional Responsibility
Publications available for purchase

Trust Account Articles from the Bulletin

FAQs

Resources

Legislation

General  

The Section

 

The Professional Standards section of the Law Society has several responsibilities which include:

·         Setting professional and ethical standards;

Advising and assisting legal practitioners and members of the public with queries on a variety of professional and ethical issues;

Regulatory functions in relation to legal practitioners' trust accounts:

o        Monitoring and inspection;

Education

o        Supervision and management where appropriate;

·         Receiving and considering claims made against the Legal Practitioners Guarantee Fund where there has been a professional or fiduciary default by a legal practitioner.

·         Referral of disciplinary matters to the relevant authorities and, in certain circumstances, instituting proceedings in the Supreme Court to suspend or strike off legal practitioners.

The Professional Standards section comprises four legal practitioners (the Director, two senior solicitors and a solicitor/trust account regulatory officer), two accountants and two administrative assistants. 

 

The Law Society of South Australia is not required to be licensed under the Corporations Act 2001 in relation to the operation of the Legal Practitioners Guarantee Fund.

 

Contact: Telephone: (08) 8229 0229
Fax (08) 8410 5688

 

Financial Services Reform - Do you require a licence?

The Financial Services Reform legislation came into full effect on 11 March 2004.

You should give consideration to the effect this legislation may have on your legal practice. 
For further information see the Law Council's Guide to FSR and Legal Practice 

Professional Conduct Rules

The South Australian Professional Conduct Rules (based on the national model) were approved by the Council of the Law Society on 3 February 2003 and came into operation on 1 March 2003. The rules may be downloaded here, Rules of Professional Conduct & Practice (pdf format).

 

Ethics and Professional Responsibility

Text books (available in the Law Society's Murray Information Resource Centre)

Lawyers Professional Responsibility in Australia , 4th edition, G E Dal Pont, Law Book Co / Thomson Reuters 2010

Ethics in Law: Lawyers Responsibility and Accountability in Australia , 3rd ed, Ysaiah Ross, LexisNexis Butterworths, Sydney , 2001


Lawyers Responsibility and Accountability: Cases, Problems and Commentary, 2nd ed, Ysaiah Ross & Peter MacFarlane, LexisNexis Butterworths, Sydney ,2002

   

Professional Standards articles from the Law Society Bulletin

 

Unpaid fees and third party obligations - January 2004

Potential pitfalls for practitioners seeking to recover fees - November 2003

Storing wills and client documents - October 2003

Acting for more than one party - Professional Conduct Rules, Rule 8 - August 2003

Professional Conduct Rules - Rule 10 - June 2003

Help with the new Professional Conduct Rules (Rule 9) - May 2003

Privacy in Practice - April 2003

Practitioners and Privacy - February 2003

Referral, Commissions and Sharing Profits - December 2002

Financial Transactions Act Audits - September 2002

Has Professional Courtesy Died? - May 2002

Let Us Know - April 2002

Retention of Documents and Files - March 2002

Financial Transaction Reporting - June 2001Succession Planning for Practitioners - May 2001

 

Telephone: 08 8229 0229
Fax: 08 8410 5688
 

 

Publications available for purchase

Law Society Trust Account Receipt Book - 200 A5 receipts, hard cover $38.50 (incl GST)
Order by email or phone

Law Society "New" 2009 Trust Account Handbook - Loose leaf $49.50 (incl GST)
Order by e-mail


Trust Account articles from the Law Society Bulletin

 

Why does the Law Society insist on these pettifogging bureaucratic requirements about my trust account? - October 2003

Developments in payment of stamp duty - March 2003

When is a Trust Account Statement not a Trust Account Statement? -  November 2002

When the Inspector Calls - Changes to Trust Account Inspection Procedures -  October 2002

Dormant Balances and the Audit Process - August 2002

Sharing Trust Accounts is Not an Option - July 2002

Using TIMBER and Your Trust Account - June 2002

The Auditor, the TARO and the Trust Account - February 2002


Trust Accounts - Withdrawing Money from Trust for Fees - December 2001

What Do You Do When Your Trust Accounts are Lost, Stolen or Destroyed? -  September 2001

The Perils of Mortgage Financing for Legal Practitioners - August 2001

Dealing Trust Account Issues for June - June 2001



Frequently Asked Questions

Legal Services Commission Assignments

I have a client who is being funded by the Legal Services Commission. The Commission requires a contribution by him of $50.00 and he has brought that in today. I have already seen him and given him some advice and helped him to fill out the form for funding.

Can I put the money into the office account?

Combined Trust Account

My calculations suggest that I should have paid $12,500 into the Legal Practitioners Combined Trust Account for the last period. But I needed the money to pay out some claims, so I did not make the deposit.
Is that sufficient reason?
Does it matter that I forgot to notify the Law Society?

 

Trust account software packages

My practice is getting bigger and I want to buy some trust account software to make life easier.
Where can I find out what I can use?
Does the Law Society recommend particular packages?

Computer programs for trust accounts

I use MYOB (or QuikBooks) for my office accounts.
Is there any way that program can be used for trust accounts?  

Drawing of cheques for fees

I understand that I have to prepare and deliver my bill to the client before I can draw the money for my fees from the trust account. But I would like to be able to tidy everything up when I'm doing the bill.

Can I draw on a trust account for my fees and then wait to present it for a few days to make sure the client has the bill?
How long do I have to wait before I can draw on the trust account for fees?
 

Disbursements

I am still somewhat confused about the GST and what I am supposed to do about disbursements and how this affects my trust account?

 

Resources

 

Statutory declaration for sending unclaimed moneys to Treasury

 

Telephone: 08 8229 0229
Fax: 08 8410 5688

 

Legislation

Legal Practitioners Act 1981
Legal Practitioners Regulations 2009
Financial Transactions Reports Act 1988
Unclaimed Moneys Act 1891

 

General

The Professional Standards Section has a significant number of resources and references.If you have questions relating to:

  ·         Conflict of interest

Confidentiality

The process of strike-off or suspension of legal practitioners

Legal practitioners' duties to clients

Legal practitioners' duties to the court

Other ethical or professional responsibility issues

Trust accounts

·         Legal Practitioners Guarantee Fund

 

Telephone: 08 8229 0229
Fax: 08 8410 5688