Page 265 - IOM Law Society Rules Book

ADVOCATES ACCOUNTS RULES 2008

(1) Two special dispensations apply to payments of Legal Aid from the Treasury:

(a) An advance payment in anticipation of work to be carried out, although client
money, may be placed in an office account, provided the Treasury instructs in
writing that this may be done.

(b) A payment for costs (interim and/or final) may be paid into an office account at
a bank or building society branch (or head office) in the Isle of Man regardless
of whether it consists wholly of office money, or is mixed with client money in
the form of:

(i) advance payments for fees or disbursements; or

(ii) money for unpaid professional disbursements;

(iii) provided all money for payment of disbursements is transferred to a
client account (or the disbursements paid) within 14 days of receipt.

Payments from a third party

(2) If the Treasury has paid any costs to an advocate or a previously nominated advocate in
a matter (“green form” costs, advance payments or interim costs), or has paid professional
disbursements direct, and costs are subsequently settled by a third party:

(a) The entire third party payment must be paid into a client account.

(b) A sum representing the payments made by the Treasury must be retained in the
client account.

(c) Any balance belonging to an advocate must be transferred to an office account
within 14 days of the advocate sending a report to the Treasury containing
details of the third party payment.

(d) The sum retained in the client account as representing payments made by the
Treasury must be:

(i) either recorded in the individual client’s ledger account, and identified
as the Treasury’s money;

(ii) or recorded in a ledger account in the Treasury’s name, and identified by
reference to the client or matter;

and kept in the client account until notification from the Treasury that it has
recouped an equivalent sum from subsequent legal aid payments due to the
advocate. The retained sum must be transferred into an office account within 14
days of notification.

Notes
(i) This rule deals with matters which specifically affect legal aid practitioners. It should not
be read in isolation from the remainder of the rules which apply to all advocates,
including legal aid practitioners.

Rule 21 – Treatment of payments to legal aid practitioners page 22