Page 248 - IOM Law Society Rules Book
P. 248

ADVOCATES ACCOUNTS RULES 2008



                          (q)   “office account” means an account of the advocate or the practice for holding
                                office money, or other means of holding office money (for example, the office
                                cash box);

                          (r)   “office money” has the meaning given in rule 13;

                          (s)   “principal” means;

                                (i)  a sole practitioner;

                                (ii) a partner or a person held out as a partner (including a “salaried” or
                                       “associate” partner);

                                (iii)   the principal advocate (or any one of the principal advocates) in an in-
                                       house practice (for example, in commerce and industry);


                          (t)   “professional disbursement” means the fees of counsel or other lawyer, or of a
                                professional or other agent or expert instructed by the advocate;

                          (u)   “recognised body”  means a  body corporate  recognised by the  Council under
                                section 26 (5) of the Advocates Act 1995;

                          (v)   “registered legal  practitioner”  means  a person registered under the Legal
                                Practitioners Registration Act 1986;

                          (w)   “the rules” means the Advocates Accounts Rules 2008;

                          (x)   “separate designated client account” has the meaning given in rule 14(5)(a);


                          (y)   “Society” means the Isle of Man Law Society;
                          (z)   “Treasury” means the Treasury, a department of the Isle of Man Government;


                          (aa)   “trustee” includes a personal  representative  (i.e.  an executor  or  an
                                administrator), and “trust” includes the duties of a personal representative and

                          (bb)  “without delay” means, in normal circumstances, either on the day of receipt or
                                on the next working day.

                          Notes
                          (i)   Although  many  of the rules are expressed as applying  to  an individual advocate, the
                                effect of the definition of “advocate” in rule 2(2)(b) is that the rules apply equally to all
                                those who carry on a practice and to the practice itself.  See also rule 4(1)(a) (persons
                                governed by rules) and rule 5 (persons exempt from the rules).
                          (ii)  A client account must be at a bank or building society’s branch in the Isle of Man – see
                                rule 14(4).
                          (iii)  The fees of  interpreters,  translators,  process servers, surveyors, estate  agents, etc.,
                                instructed by the advocate are professional disbursements (see rule 2(2)(t)).  Travel
                                agents’ charges are not professional disbursements.
                          (iv)  The general definition of “office account” is wide (see rule 2(2)(q)).  However rule 19(1)(b)
                                (receipt and transfer of costs) and rule 21(1)(b) (payments of legal aid costs from the


                     Rule 2 – Interpretation                                                     page  5
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