The Members Affairs Department consists of three-sub divisions being the Monitoring Unit, Curators Unit and the Assessment/Audit Unit.

MONITORING UNIT

It is the goal of this Unit to act pro-actively to limit the risk of losses, which may be suffered by the Attorneys Fidelity Fund. This Unit undertakes visits to attorneys’ firms with a view to assessing the position and if necessary, to conduct financial investigations.

The nature of investigations conducted can be divided into the following:

•  Accounting records 

Investigations into the accounting records are undertaken where irregularities relating to the firm’s financial transactions are detected.

•  Audit Investigations 

The Unit conducts audits at the request of an attorney and at all new established firms within six (6) months after establishment. The emphasis during this audit is to ensure that there are proper systems and procedures in place to enable the firm to account for the financial transactions on the banking account.

•  Assistance Investigations  

Firms are visited where it appears that problems are being experienced in relation to the management and administration of practices. A Practice Development Official is attached to this unit with the main emphasis to visit attorneys, firms and to ensure a better return on the trust banking accounts operated by attorneys.

CURATORS UNIT

The Curators Unit attends to the curatorship duties as determined in terms of a court order obtained in the event of the Law Society bringing an application for the striking or suspension of an attorney. The office is also appointed as curator bonis in the event of the liquidation or death of a sole proprietor, should it be required.

In terms of the court order, the Curators Unit visits the office of the firm in question and attends to the winding down of the practice. All client files are taken into possession and communication established with the client in terms of which an instruction is obtained from the client in regard to his/her matter. The curator bonis takes responsibility for the trust banking account and attends to the liquidation thereof.

ASSESSMENT/AUDIT UNIT

This Unit attends to the administrative duties relevant to the assessment of attorneys’ fees, either on request of the client or the attorney concerned.

This Unit also sees to the administrative duties relevant to the receipt and processing of the annual accountant’s reports to be submitted to the Law Society.

For further information, please contact the Members Affairs Department on telephone: 012 316 0600.