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Managing Client Money - Lawyer's Trust Accounts in QLD

Managing Client Money - Lawyer's Trust Accounts in QLD

Author: Mortensen, Reid
Publisher: LexisNexis Australia
ISBN: 9780409327410
Published In: December 2010
Format: Paperback
Jurisdiction: Australia ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

Details

An indispensible guide to trust account management for both students and legal practitioners

For students, academics and practitioners, this first edition of Managing Client Money - Lawyers' Trust Accounts in Queensland fills a gap, providing a definitive yet practical guide to the law relating to one of the most important and sensitive aspects of legal work, and the area of greatest concern to law societies - the way that lawyers must handle other peoples' money.

Managing Client Money addresses the principles of trust account management clearly and comprehensively by integrating the legislation, principles of trusts and fiduciary law and professional ethical rules and tribunal and court decisions.

Although this work focuses on Queensland, Managing Client Money easily extends to other Australian jurisdictions as it rests on the uniform Model Laws regulating the management of trust money. Unique to the market, this title travels to topics not yet addressed in Australian legal textbooks: the purpose of a trust account; the lawyer as fiduciary and trustee; supervision of trust accounts; statutory deposits; third party claims on trust money; investments, mortgages; estate practice; audit, supervision; civil liability for trust account mismanagement; fidelity funds; and criminal responsibility for trust account mismanagement.

Features and Benefits

Comprehensive Queensland coverage of the law, while using legislation that applies nationally (excepting S.A.)
Clear accounting examples illustrate how to keep all lawyers' accounts required under the Model Laws and Model Regulations
Includes references to the new draft National Law and Rules Combines the principles of trust account management and their rationale in narrative form
Comprehensive references to the Queensland case-law and commentary on trust account management, criminal responsibility, civil liability and professional discipline for mismanagement

1. The Lawyer as Fiduciary and Trustee
2. Client Money, Classification and Accounts
3. Opening Accounts
4. Recording
5. Receiving and Depositing Money
6. Paying Money
7. Lawyers' Accounts
8. Interest on Lawyers' Trust Accounts
9. Reconciliations
10. Controlled Money
11. Transit and Power Money
12. Regulation, Audit and Supervision
13. Civil Liability
14. The Fidelity Fund
15. Criminal Responsibility
16. Professional Discipline