Manager and Supervisor Appointments

 
Pursuant to sections 44 and 45 of the Legal Practitioners Act 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; and/or
• 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 difficulties.

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 Court.

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.