Firm-wide obligation

Trust accounting & handling client money

Define the intended work in Trust accounting & handling client money, confirm the applicable requirements and select a task to plan the necessary review.

Key facts

Tasks covered
5
Tasks with a step-by-step checklist
1
Local differences
3 jurisdictions where this area changes

Jurisdiction

Tasks

GreenLawyer reviewYellowClose supervisionRedLawyer-led

Tasks in Trust accounting & handling client money
TaskHow AI is usedHuman involvementWhat the lawyer must review
Reconcile the trust ledger to the bank and the matter filesStart this taskSee suggested levelsCompare the trust ledger, the bank statement and the matter authorities and list unmatched items, timing differences and missing authorities.RedLawyer-led
  • Have an authorised principal verify every unmatched item against source documents
  • Have a principal, not the tool, sign the monthly reconciliation
Draft a trust receipt or disbursement instruction from the authorityStart this taskSee suggested levelsProduce a first-draft receipt or disbursement instruction from the signed authority, the ledger balance and the payee details on the file.YellowClose supervision
  • Confirm amount, payee and matter allocation against the file before anything is issued
  • Do not let the tool move money
Build an unmatched and unidentified trust-money listStart this taskSee suggested levelsFrom the ledger and the bank, list unidentified receipts, stale balances and items with no current matter authority, with dates.YellowClose supervision
  • Check the local unclaimed-money rules and their time limits
  • Do not treat a generated 'unidentified' tag as authority to return or take to office
Check a trust-to-office transfer against the bill and the authorityStart this taskSee suggested levelsCompare the proposed transfer, the rendered bill and the trust authority and list amounts that do not match or that would overdraw the matter.RedLawyer-led
  • Confirm the client has been given a bill, unless the current rule allows transfer without one
  • Have the principal authorise the transfer
Prepare a trust-inspection pack from the ledgers and authoritiesStart this taskSee suggested levelsAssemble a pack index of reconciliations, authorities, trial balances and sample disbursements, marking missing months.YellowClose supervision
  • Prepare the pack for the inspector or examiner
  • Do not let the tool fill a gap with a generated ledger
What changes in Australia
What changes in Australia
TopicWhat changes
Governing rulesTrust money is governed by strict-liability rules. The Legal Profession Uniform Law applies in NSW, Victoria and WA; elsewhere, check the local legal profession Act.
ResponsibilityAn error in a reconciliation, disbursement instruction or ledger entry has immediate regulatory consequences. 'The tool did it' is never an excuse.

Precedents for this area

All precedents for Trust accounting & handling client money. Signed-in accounts can read the full text.

Related jurisdictions