Part 6 – Custodianships

Co-operation in conduct of custodianship

6-1 A lawyer who is the subject of a custodianship order made under Part 6 of the Act must

(a) co-operate with the custodian in the conduct of the custodianship, and

(b) deliver to the custodian property, documents and information that may be reasonably necessary to facilitate the conduct of the custodianship.

Report of possible claim

6-2 Unless the lawyer has already done so, a custodian must report the following in writing to the Executive Director:

(a) any act or omission caused by the lawyer of which the custodian becomes aware that may render the lawyer, in the lawyer’s professional capacity, liable to a client or other person;

(b) any circumstance that the custodian could reasonably expect to be the basis of a claim or suit against the lawyer.

Acting for lawyer’s clients

6-3 The custodian of a lawyer’s practice must not, until discharged as custodian, act for a client of the lawyer on any matter that the lawyer had acted on.

Acquiring lawyer’s practice

6-4 A person who has at any time acted as custodian of a lawyer’s practice must not bid on or acquire the lawyer’s practice.

Notice of custodianship order

6-5 When a custodianship order is made, the Executive Director may publish to the profession and the public generally, in a form that appears appropriate to the Executive Director, the following information:

(a) the name of the lawyer who is the subject of a custodianship order;

(b) the name and contact information of the custodian;