Trust Accounting Regulations
Trust Accounting Rules and Regulations
Trust Accounts are the most highly regulated and scrutinised aspect of a law firm’s operation. Non-compliant trust account activities are the highest cause of lawyers being penalised or losing their practicing certificates. Consequently, there are numerous strict rules and regulations that must be followed by the legal profession and incorporated into the law firm. The three golden rules for law firms in regards to their trust accounts is to one, be paranoid; two, be paranoid; and three BE PARANOID! The trust accounting module must provide this sense of security and be compliant. The following are the rules and regulations which must be abided by in the development of this module.
Trust Accounting for Wise Owl Legal is a Standalone module. This is because Funds in a solicitor’s trust account does not belong to the law firm – they are simply held in trust for the Law Firm.
As such Trust accounts are heavily regulated. There is specific legislation affecting them and rigorous auditing of the records is undertaken by both external auditors to the firm and the relevant Law Society.
Legal Trust accounting is bound by legislative requirements
Trust Accounts Act 1973 (Qld)
Legal Profession Act 2007 (Qld)
Legal Profession Regulation 2007 (Qld)
Legal Profession (Solicitors) Rules 2007 (Qld)
Trust accounting is a specialised branch of accounting as funds are being held by the trustee on behalf of another person or corporation.
In some situation the rules applied differ from generally accepted accounting principles and can vary from jurisdiction to jurisdiction.
Get all the equivalent pages for the jurisdictions listed – and more
For further information and clarification of Trust Accounting for each Jurisdiction, please refer to your local law society.
Some of the relevant law society references are :
Queensland - Queensland Law Society - Trust Accounting
New South Wales - The Law Society of NSW - Operating Trust Accounts
Australian Capital Territory - ACT Law Society - Trust Accounts
Victoria - Victorian Legal Services - Operating a trust account
South Australia - Legal Services Commission SA - Handling money and trust accounts
Western Australia - Legal Practice Board of WA - Trust account management
New Zealand - New Zealand Law Society - Trust account management
California - The State Bar of California - Trust Accounting Resource
North Carolina - North Carolina State Bar - Lawyer’s Trust Account Handbook
Florida - Florida Bar - Trust Accounting
Ontario - Law Society of Ontario - Trust Accounts