A trust account must be used when holding funds that belong to
a client. Some examples of when a trust account is required
are, when a lawyer holds retainer deposits for eventual
services rendered, for settlement funds on litigation matters
or for real estate transactions.
The Law Society By-laws
list and explain all the important requirements that a lawyer
must follow when working with a trust account.
As
the law firm's bookkeeper, it is important to not only balance
your trust account to your ledger but also to your client trust
listing. This is called a three-way reconciliation. If your
client trust listing at a certain date does not match your bank
statement, you may be missing client funds. This must be
addressed immediately.
The Law Society requires a monthly
reconciliation of a trust account be completed by no later than
the 25th day following the end of the banking
statement period.
As lawyers, you can incur quite a few fees on behalf of your
clients. A proper set up of your chart of accounts is required
to ensure that the recovery of these expenses is properly
captured.
Also, when a law firm is an HST registrant, it is
important to understand the application of HST on reimbursable
expenses. Some expenses, regardless of them initially being HST
exempt, may become taxable to the client as they are considered
a part of legal services rendered.
Depending on the type of law being practiced, transaction
levies, which are file specific insurance premiums, must be
reported and paid to the Lawyer's Professional Indemnity Company
(LawPRO) on a quarterly basis.
There is a detailed list of
when these levies should be paid and when they may not apply.
For example, in a real estate transaction, generally the
premium would apply to a sale transaction but not a purchase
transaction with title insurance.
The transaction levy
is a good example of a disbursement that is considered a
reimbursable expense. A lawyer does not pay HST on this premium
as it is HST exempt. They are however required to charge the HST
to their clients.
On an annual basis, lawyers are required to report their
activities to the Law Society. The lawyer responsible for the
law firm's trust account must file a report on mixed trust
accounts along with their annual report.
As the bookkeeper
of a law firm, you must confirm throughout the year as well as
at year end that the trust account balances and that outstanding
deposits and cheques, if any, are properly explained.