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Risk-based regulation of lawyers’ trust accounts

The purpose of this policy is to establish a framework for a risk based approach to the regulation of lawyers’ trust accounts, including the conducting of trust account investigations.

The conduct of legal business often requires the safe, reliable transfer of money; this is typically done through a law practice trust account. It is vital to maintain the integrity of law practices’ trust accounts because consumers of legal services are entitled to rely on the absolute safety of their money. Lawyers who are entitled to receive trust money have a fiduciary duty to the person on whose behalf they hold it and the consequences of breaching their fiduciary duty can be that criminal or disciplinary action is taken.

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