Page 247 - IOM Law Society Rules Book
P. 247

ADVOCATES ACCOUNTS RULES 2008



                                partnership of recognised bodies; and a partnership of advocates and recognised
                                bodies;

                          (c)   “agreed fee” has the meaning given in rule 19(5);

                          (d)   “bank” means an institution licensed under the Banking Act 1998;


                          (e)   “building society” means a building society within the meaning of the Industrial
                                and Building Societies Acts 1892 to  1979;

                          (f)   “client” means the person for whom an advocate acts;

                          (g)   “client account” has the meaning given in rule 14(2);

                          (h)   “client money” has the meaning given in rule 13;

                          (i)   a “controlled trust” arises when:

                                (i)  an advocate is the sole trustee of a trust, or co-trustee with only one or more
                                       of his or her partners or employees;

                                (ii) an advocate who is a director or employee of a recognised body is the sole
                                       trustee of a trust, or co-trustee with only one or more of the recognised
                                       body’s other officers or employees or with the recognised body itself

                                (iii)   a registered legal practitioner who is a director of a recognised body is,
                                       by virtue of practising as a director of the recognised body, the sole
                                       trustee of a trust, or co-trustee with one or more of the recognised
                                       body’s other officers or employees or the recognised body itself; or

                                (iv)   a recognised body is the sole trustee of a trust, or co-trustee with only
                                       one or more of the recognised body’s officers, employees or partners;

                                and “controlled trustee”  means a  trustee  of a  controlled trust;  (see also
                                paragraph (z) below on the meaning of “trustee” and “trust”);

                          (j)   “controlled trust money” has the meaning given in rule 13;


                          (k)   “costs” means an advocates fees and disbursements;
                          (l)   “Council” means the Council of the Isle of Man Law Society;


                          (m)   “disbursements” means any sum spent or to be spent by an advocate on behalf
                                of the client or controlled trust (including any VAT element);

                          (n)   “fees” of an  advocate means  the  advocate’s own charges or  profit  costs
                                (including any VAT element);

                          (o)   “general client account” has the meaning given in rule 14(5)(b);

                          (p)   “mixed payment” has the meaning given in rule 20(1);



                     Rule 2 – Interpretation                                                     page  4
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