Stefan Smith – Debt Recovery Matter
Activity 1 – Recognising Trust Money
A new client Stefan Smith, of 12 Tarilta Avenue, Sorrento, has instructed your firm to act on her behalf in a debt recovery matter.
Stefan has provided catering services to a small wedding venue, Mystic Receptions. The venue has struggled with paying their accounts for the last six months and now owe Stefan approximately $65,000 in outstanding catering costs.
In accepting his instructions to act on his behalf, Stefan was advised that the fees associated with the application are $1,100.00, and Stefan has been requested to pay these fees in advance.
Stefan forwarded the fee via a cheque made payable to the firm with the date 9 February 202X for the amount of $1,100.00.
Explain why Stefan’s money is considered trust money and what type of trust money is it?
Receiving Monies to Trust Account
There are several book-keeping requirements involved when the firm receives trust money.
Step 1: Stefan has electronically transferred $1,100.00 into your firm’s trust account on account of cost and disbursements for his civil litigation matter. Stefan’s payment would be entered in the cash receipt book and Stefan would be sent a receipt for payment of the monies.
Complete this step by filling in the Cash Trust Account Receipt for Stefan.
Stefan’s matter has been assigned the matter number #0035/2x
Step 2: Once a receipt has been written the amount would then be recorded into the Trust Accounts Receipts Book.
Enter the details in the Trust Account Receipts Cash Book.
Step 3: Stefan’s payment needs to be entered into the client’s trust ledger.
Enter the details in the client’s Trust Account Ledger.
Step 4: All moneys received into the trust account should be banked on the day they were received.
Complete the Trust Bank Deposit Slip for money received from Stefan.
Payment of Monies from Trust Account
The following day, the debt recovery application has been prepared and a bank transfer for $1,100.00 has been requested from the accounts department for payment of the court application fee. First, a check will be made to ensure that there are sufficient monies in the trust account and that the monies have been allocated for that purpose.
Step 1: A payment is to be made to the Magistrates’ Court. The details are required to be entered into the client’s trust ledger.
Complete the client’s Trust Account Ledger with the relevant details.
Step 2: The payment to the Magistrates’ Court is also required to be entered into the trust account payment cash book.
Complete the Trust Accounting Payment Cash Book with the relevant details.
Question
Assume that the amount that was paid to the Magistrate’s court was in the amount of $1,200.00. Do you have any reporting obligations and note the relevant sections or rules in your response?
Overpayment of trust money to the Magistrates' Court
In regards to the scenario provided, there are reporting obligations when there is an overpayment of trust money to the Magistrates' Court. The relevant sections or rules that apply to this situation may vary depending on the jurisdiction. However, in general, some common reporting obligations include:
Trust Accounting Rules: Most jurisdictions have specific rules and regulations governing the handling of trust money. These rules typically outline the obligations of lawyers or law firms regarding accounting for and reporting on trust funds.
Legal Profession Acts: Legal profession acts in many jurisdictions contain provisions related to trust accounting and reporting requirements. These acts aim to ensure transparency and accountability in the handling of client funds.
In this specific case, where an overpayment of $1,200.00 was made to the Magistrates' Court instead of the required $1,100.00, it is crucial to follow the correct procedures to rectify the situation and fulfill reporting obligations. Some possible steps to take include:
Contacting the Magistrates' Court: Inform the court about the overpayment as soon as possible and request a refund of the excess amount.
Documenting the Overpayment: Keep detailed records of the overpayment, including all relevant transaction details, dates, and amounts involved.
Rectifying the Trust Account: Adjust the client's trust ledger and trust accounting payment cash book accordingly to reflect the correct payment made to the Magistrates' Court.
Reporting Obligations: Depending on the jurisdiction, there may be specific reporting requirements for overpayments or discrepancies in trust accounting. It is essential to consult the relevant legal profession acts or rules to determine the specific reporting obligations and timelines.
Internal Review and Compliance: Conduct an internal review to identify any potential issues or shortcomings in the trust accounting process to prevent similar errors in the future. This may involve reviewing internal procedures, training staff, or implementing additional safeguards.
It is important to note that the specific reporting obligations and procedures may differ based on the jurisdiction and local legal regulations. Therefore, it is advisable to consult the applicable legal profession acts, trust accounting rules, or seek guidance from professional bodies or legal authorities to ensure compliance with all relevant requirements.