4.  Trust Account Supervisor Absences

A trust account supervisor does not need to have a replacement trust account supervisor whenever he/she is absent from the office.

For sole practitioners who wish to take a vacation, the Law Society expects that the practitioner will have organized the practice so as to allow for that absence and can continue, as has been permitted in the past, to have another lawyer approved by the CEO to act as a signing authority on the trust account in the event of an emergency of some kind. This lawyer does not necessarily have to be a trust account supervisor.

However, with any trust account supervisor, if the individual’s absence will be for an extended period, there is an expectation that another trust account supervisor will be put in place to review the monthly reconciliations and to be satisfied that the trust funds are appropriately handled and the books and records are being managed in a compliant fashion.

CAUTION:

Notification is required any time a new trust account is opened, whether it be within days of being approved to be a trust account supervisor or years down the road.