Section 8
Money not to be paid into trust account
8. (1) A licensee is not required to pay into a trust account money which he or she receives in trust for a client if, (a) the client requests the licensee in writing not to pay the money into a trust account; (b) the licensee pays the money into an account to be kept in the name of the client, a person named by the client or an agent of the client; or (c) the licensee pays the money immediately upon receiving it to the client or to a person on behalf of the client in accordance with ordinary business practices.
Same
(2) A licensee shall not pay into a trust account the following money: 1. Money that belongs entirely to the licensee or to another licensee of the firm of licensees of which the licensee is a partner, through which the licensee practises law or provides legal services or by which the licensee is employed, including an amount received as a general retainer for which the licensee is not required either to account or to provide services. 2. Money that is received by the licensee as payment of fees for services for which a billing has been delivered, as payment of fees for services already performed for which a billing will be delivered immediately after the money is received or as reimbursement for disbursements made or expenses incurred by the licensee on behalf of a client. 3. Money that is not directly related to legal services being provided by the licensee.
Record keeping requirements
(3) A licensee who, in accordance with subsection (1), does not pay into a trust account money which he or she receives in trust for a client shall include all handling of such money in the records required to be maintained under Part V.
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