Paying Your Fees from a Trust Account

Under Rule 119.21(4)(b), you may pay your fees from a trust account, provided that you: 

  • have performed the legal work (i.e., the bill relates to services actually performed and not an estimate);
  • prepare the bill;
  • immediately deliver the bill to the client (unless the client has instructed you in writing that you need not deliver a bill); and
  • transfer your fee from trust.

You must withdraw the funds from your trust account within one month of becoming entitled to the funds (Rule 119.21(5)). You can issue a reimbursement to the firm for disbursements made under the same circumstances (Rule 119.21(3)(b)).

When you withdraw funds to pay your fees, make the trust cheque payable to your general account. You cannot draw trust cheques payable to "cash" or "bearer" (Rule 119.22(1)(b)) except where required to return cash to a person under Rule 119.38(5)(d). 

<3.8 Withdrawing Trust Funds

3.10 Trust Balances and Shortages>

Last modified: Tuesday, 15 June 2021, 5:59 PM