On the 27th March 2019, The Legal Profession (Canons of Professional Ethics) Rules were amended to require sole practitioners to put in place arrangements to protect client property in event of the attorney’s death or incapacity and to notify the Secretary of the General Legal Council in writing of the arrangements.
These Rules are contained in Canon I (h), (i), (j) and (k) which are as follows:
(h) An attorney who carries on practice as a sole practitioner shall put in place arrangements to protect client property in event of the death or incapacity of the attorney. The aforesaid arrangements to protect client property should ensure:-
(i) that the client’s files and other property are returned to clients in event of the attorney’s death or incapacity;
(ii) that clients are duly notified within a reasonable time of the attorney’s death or incapacity and of the arrangements to return their files and other property.
(i) The arrangements to protect client property should be made in writing and may take the following forms:(i) An appointment by power of attorney to take effect in event of the attorney’s physical incapacity.
(i) By directions made to an executor appointed under the provisions in the attorney’s will to take effect in event of the attorney’s death.
(ii) By an agreement in writing made between the attorney and a person who will assume the obligations to protect their client property.(j) Attorneys should ensure that any person nominated to protect client property in event of the attorney’s death or incapacity is aware of the obligations to deal with client property as hereinbefore set out and has agreed to assume such obligations in the event of the attorney’s death or incapacity.
(k) Attorneys shall notify the Secretary of the General Legal Council in writing of the arrangements made to protect client property.
The majority of Attorneys who carry on practice as sole practitioners have failed to comply with these Rules. The records of the General Legal Council reflect that for the calendar year 2021, only 185 out of 948 sole practitioners notified the Secretary of the Council that they had made arrangements to protect client property in event of death or incapacity. Such a level of non-compliance by attorneys, particularly during a period of a pandemic, is unacceptable.
As set out by the aforesaid Canons, it is an Attorney’s fiduciary duty to put in place arrangements for the protection and proper administration of client property in event of the Attorney’s death or incapacity.
Accordingly, Attorneys are hereby notified that with effect from 1st August 2022, the General Legal Council will treat the non-compliance with the aforesaid Canons as an act of professional misconduct.
All Attorneys who have to date failed to comply with the aforesaid Canons are urged to regularize this matter and to bring themselves into compliance.
Chairman
General Legal Council
78 Harbour Street, Kingston