N. ACTING IN A DUAL CAPACITY
When a member is acting solely in a representative capacity (i.e., the member is not providing legal services), Rule 5-49(1) requires that all associated funds must be held outside of trust, in a separate estate account.
At times a lawyer will act in a dual capacity, such as when a lawyer is the personal representative of an estate and also providing legal services on the matter. In such a case, the lawyer is required by Practice Direction 92-01 to treat all funds deriving from the estate as client trust funds and handled in accordance with the financial accountability rules.
However, when the legal services have been concluded, any remaining funds can no longer be held in the trust account and should be removed to a separate estate account, in accordance with Rule 5-49.