A collection of the best LPC Business Accounts and LPC Solicitor's Accounts notes the director of Oxbridge Notes (an Oxford law graduate) could find after combing through twenty-nine LPC samples from outstanding students with the highest results in England and carefully evaluating each on accuracy, formatting, logical structure, spelling/grammar, conciseness and "wow-factor".
In short these are what we believe to be the strongest set of LPC Accounts notes available in the UK this year. This coll...
The following is a more accessible plain text extract of the PDF sample above, taken from our Accounts Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:
Solicitors Accounts Notes
Main Principles
Rule 1
Solicitor must:
Keep client money separate
In a bank or building society account
Use each client’s money for their matter only; and
Keep proper accounting record
Money must be kept physically separate
To do this solicitor needs two bank accounts:
Office bank account
Client bank account
Do not need separate bank account for each separate client
Rule 13(5):
2 types of client bank account:
A separate designated client bank account
A general client bank account
Name of client bank account must include the word client
Keep proper records
Rule 1(c) – you must use each client’s money for their matter only
Rule 1(f) – must keep proper accounting records – each client must have separate records
What is Office and Client Money?
Rule 12:
Client money – money held or received for a client or as trustee, and all other money which is not office money
Office money – money which belongs to you or your firm.
Client money includes money held or received:
As trustee
As:
agent,
bailee,
stakeholder
donee of a power of attorney
For payment of unpaid professional disbursements
For payment of:
Stamp Duty Land Tax,
Land Registry fees,
telegraphic transfer fees,
court fees
Payment on account of costs generally
As a financial benefit paid in respect of a client
To the sender’s order
An advance to a client which is paid into a client account becomes client money
A cheque in respect of damages and costs, made payable to the client but paid into a client account becomes client money.
Endorsing a cheque or draft over to a client amounts to receiving client money
Office Money
Money held or received in connection with running the firm, e.g.:
Firm’s fees
VAT on firm’s fees
Interest on general client accounts
Payments received in respect of:
Fees due to the firm against a bill or written notification of costs incurred
Disbursements already paid by the firm
Disbursements incurred but not yet paid by the firm, but excluding unpaid professional disbursements
Money paid for or towards an agreed fee
Money held on account and earmarked for costs – client money but can be used as office money
Money held for a principal of the firm
Principals
Principals are owner/partner of firm/sole practitioner
Assistant solicitors and employees are not ‘principals’
HOWEVER if money held for Principal +3rd party = client money
Examples of 3rd party: lender, spouse of principal.
How to Deal with Receipts of Client Money
Rule 14(1)
Client money must be paid into a client bank account without delay (that day or next business day)
…except where the Rules provide to the contrary
Rules 15 & 16 provide for exceptions to Rule 14(1)
Rule 14(2)
Only client money may be paid into client bank account
Exceptions to Rule 14(2):
To open or maintain the account at an agreed level
To advance funds to a client to make a payment on the client’s behalf
To replace client money that has been wrongly withdrawn
To allow interest to be paid into client bank account so that everything owing to client can be paid in one cheque
Conditional Fee Agreement – mixed cheque for damages, fees and disbursements
Rules 17 & 18
Rule 17 – money received in settlement of solicitor’s bill
Rule 18 – mixed receipts
How to Make Payments on the Client’s Behalf
Rule 20 – if client money is available use client money to pay for items on client’s behalf
Rule 20
To make payments to or on behalf of a client
To make payments to or on behalf of a trust
To pay a disbursement on behalf of a client or trust
To reimburse the firm for payments already made
To transfer to another client bank account
Rule 20(6) limitation
Money withdrawn from client account must not exceed money held in account
If there is no money and fees need paying either get money off client or pay using office money and recover money from client at a later date
Withdrawing money for your own professional charges?
Yes, but must send bill first
Making Payments
If insufficient funds in client bank account:
Ask client for more money
Make whole payment from office
Write two cheques – one for using all of client money and remainder from office account – confusing solution though
Advance the client money and make whole payment from client bank account
Property Transactions
Mortgage Advance
Received between exchange and completion
Lender’s money until completion
Rule 29: Separate ledger for each client
Rule 29(10) alternative: record mortgage advance on client section of borrower’s ledger if:
Funds belonging to each client are clearly identifiable
Lender is:
An institutional lender
Providing mortgages on standard terms
In the normal course of its activities
VAT
Business registered for VAT
Charges VAT on its supplies of goods and services (output tax)
Pays VAT on goods and services supplied to it (input tax)
Business accounts to HMRC for:
Output tax less input tax (if input tax exceeds output tax
To claim back VAT for input tax, business need VAT invoices
Who is the VAT invoice address to?
The client – solicitor simply passes it on (agency method)
The law firm
Only the person named on the invoice can recover the VAT
Law firm resupplies to client at same price (principal method)
Provides client with a VAT invoice
Law firm has input and output tax which cancel each other out
Recording the Principal Method
First pay disbursement with office money
Only record fee (not VAT) on client ledger
Concession for Counsel’s fees – agency method
Interest
When is a Client Entitled to Interest?
Do clients have a right to interest on money in client bank account?
Yes – if it’s fair and reasonable in all the circumstance
Rule 22
Deals with payment of interest and need for written policy
Policy must seek to provide a fair outcome
Terms of policy must be drawn to client’s attention, unless inappropriate to do so
When is it fair and reasonable to pay interest?
De minimis policy
Interest is not paid where small...
Buy the full version of these notes or essay plans and more in our Accounts Notes.
A collection of the best LPC Business Accounts and LPC Solicitor's Accounts notes the director of Oxbridge Notes (an Oxford law graduate) could find after combing through twenty-nine LPC samples from outstanding students with the highest results in England and carefully evaluating each on accuracy, formatting, logical structure, spelling/grammar, conciseness and "wow-factor".
In short these are what we believe to be the strongest set of LPC Accounts notes available in the UK this year. This coll...
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