Compendium of Client Protection Rules - Notes

Notes

1. This overview does not include the development of client protection mechanisms throughout the world, but focuses on developments in the English Commonwealth countries that provided the matrix for client protection funds in the United States in the 20th century.

2. Kenneth Jarvis, Lecture, Negligence and Fraud C Symptoms of Malaise 2, Meredith Memorial Lectures, Faculty of Law McGill University (1984) [hereinafter Jarvis] (on file at ABA Center for Professional Responsibility). Barristers were not originally and are not currently subject to such rules, because only solicitors, but not barristers, accept client funds to hold in trust. This is a common distinction in all English Commonwealth countries.

3. Larceny Acts, 1861 to 1901, 1 Edw. 7, ch. 10 (amendment 1901).

4. Jarvis, supra note 2, at 2.

5. The Solicitor's Act, 1933, 23 & 24 Geo. 5, ch. 24 (1). The Law Society adopted The Solicitors' Account Rules in 1935.

6. Jarvis, supra note 2, at 2.

7. Law Practitioners' Act, 1908, 7 Edw. 7, No. 100, 47.

8. Law Practitioners' Act, 1913, 4 Geo. 5, No. 72, § 14.

9. Minutes of the Council of the New Zealand Law Society, March 25, 1927.

10. Id.

11. The Law Practitioner's Amendment (Solicitors' Fidelity Guarantee Fund) Act, 1929, 20 Geo. 5, No. 15. These provisions were then included in a consolidation of various measures regarding solicitors in the Law Practitioners' Act, 1931, 22 Geo. 5, No. 46.

12. The Queensland Law Society Act of 1952, 1 Eliz. 2, No. 24, § 9 (2)(F).

13. Legal Profession Act, § 31a, amending the Legal Profession Act (Alberta, Canada 1939).

14. The Solicitors Act, 1941, Geo. 6, ch. 46 §§ 2, 4 & 5.

15. The Legal Aid and Solicitors' (Scotland) Act, 1949, 12 & 13 Geo. 6. ch. 63, § 22.

16. Solicitors Act, 1954, Acts of the Oireachtais, No. 36, § 69.

17. ABA, Report on Clients' Security Funds 5 (1964) (Report issued by the Junior Bar Conference).

18. Id.

19. Theodore Voorhees, Progress Report: The Clients' Security Fund Program, 46 A.B.A.J. 496 (1960).

20 Robert Gigi, Pennsylvania Clients' Security Fund - How Secure is the Public?, 22 Vill. L. REV. 452, 455 (1977).


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