17Transfer of a solicitor’s practice

17 Transfer of a solicitor’s practice

[Rule 17 Substituted by S.R. 2020, No. 56, Applied:01 Oct 2020]

(1)  When a solicitor intends to transfer to another solicitor the whole or part of the solicitor’s practice, including clients’ work in progress, and to put the other solicitor in possession of documents held by the solicitor on behalf of clients, before the solicitor delivers possession of the practice to the solicitor who is acquiring it the solicitor must give to each client at least 14 days’ (or such other period as may be reasonable in the circumstances) notice in writing of –

(a) the intended transfer of documents to the solicitor who is acquiring the practice, unless a contrary direction is received from the client; and

(b) the client’s right to give to the solicitor a contrary direction in relation to the conduct of the client’s affairs and the delivery of the client’s documents.

(2)  Any notice sent to a client on whose behalf the solicitor holds money in trust or under the solicitor’s control must advise the client of –

(a) the balance of money held on the client’s behalf; and

(b) the solicitor’s intention to transfer the relevant account to the solicitor who is acquiring the practice, unless advised by the client to the contrary; and

(c) the client’s right to give to the solicitor a contrary direction as to the manner in which the solicitor should deal with the account on the client’s behalf.

(3)  Subrules (1) and (2) do not apply where a new partner is admitted to a partnership which continues to conduct the practice.