Manager and Supervisor Appointments
Pursuant to sections 44 and 45 of the Legal
1981, the Society (via its Council) may appoint a
person as Supervisor over a legal practitioner’s trust account, and/or
as Manager of their practice, if the Society knows or suspects on
reasonable grounds that a legal practitioner:
- is not attending properly to his/her practice; and/or
- is unable to attend properly to his/her practice; and/or
- has committed a serious irregularity in the course of practice
and/or a serious irregularity has arisen in the course of practice;
- has ceased to be a legal practitioner without making proper
provision for winding up the affairs of the practice; and/or
- is dead, or in the case of a company has been dissolved or is
being wound up, and proper provision for winding up the affairs of the
practice have not been made.
Such appointments are only made in extreme circumstances and on the
basis of well-documented facts.
In the first 4 scenarios referred to above, the Society will always
provide the practitioner with the opportunity to be heard before a
decision to appoint a supervisor and/or manager is made.
Such appointments are only made as a last resort and after Ethics and
Practice has attempted unsuccessfully to assist practitioners in
The purpose of such appointments is not to punish or penalize
practitioners, but to safeguard client interests and entitlements and
to rectify any serious irregularities that have occurred. Any
disciplinary action that may stem from the facts out of which the
appointment arises will be taken by the Legal Profession Conduct Commissioner
, the Legal Practitioners’ Disciplinary Tribunal and/or the Supreme
An appointment as Manager is generally for an unrestricted period. Any
appointment of Supervisor can only be for a maximum of 12 months and
must be renewed if required.