Barristers (Accounts and Records) Amendment Rules 2009
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BERMUDA
BARRISTERS (ACCOUNTS AND RECORDS) AMENDMENT
RULES 2009
BR 67/2009
The Bar Council, in exercise of the powers conferred by section 9
of the Bermuda Bar Act 1974, makes the following Rules:
Citation
1 These Rules, which amend the Barristers (Accounts and
Records) Rules 1976 (the “principal Rules”), may be cited as the
Barristers (Accounts and Records) Amendment Rules 2009.
Amends Rule 1
2 Rule 1 of the principal Rules is amended—
(a) in the definition “barrister” in paragraph (1), by inserting
after the word “barrister” the words “and a professional
company”; and
(b) by inserting the following after paragraph (2)—
“(3) In their application to professional companies,
these Rules shall be read with any grammatical changes
that may be necessary.”.
Amends Rule 8
3 Rule 8(3) of the principal Rules is amended by deleting the definition
“accountant” and substituting the following definition—
“ “accountant” means a member of the Institute of Chatrtered
Accountants of Bermuda;”.
Amends Schedule
4 The Schedule to the principal Rules is repealed and replaced by
the following—
BARRISTERS (ACCOUNTS AND RECORDS) AMENDMENT
RULES 2009
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“SCHEDULE (Rule 8(3))
Accountant's Report under
the Barristers (Accounts and Records) Rules 1975
To: The Secretary,
The Bermuda Bar Council.
Dear Sir,
This report is prepared in respect of [blank] (name of
barrister/firm of barristers/professional company 1 practising at [blank]
1 I am informed by the barrister/firm/professional company that
he/they is/are engaged in the private practice of law as—
(a) a barrister under the name and style of [blank]
(b) a firm practising under the name and style of [blank]
(c) a professional company practising under the name and
style of [blank]
2 (1) In the case of 1(a) or (b), I am informed by the
barrister/firm that at the reporting date 2 —
(a) the names of all partners are—
(b) the names of all barristers employed are—
(c) the names of all barristers who became partners or
employees during the reporting period are—
Name
Date joined
(d) the names of all barristers who ceased to be partners or
employees during the reporting period are—
Name
Date left
(2) In the case of 1(c), I am informed by a director of the
professional company that at the reporting date —
(a) the names of all directors of the company are—
(b) the names of all barristers who are members of the
company are—
BARRISTERS (ACCOUNTS AND RECORDS) AMENDMENT
RULES 2009
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(c) the names of all barristers who are employees of the
company—
(d) the names of all barristers who became members of the
company during the reporting period are—
Name
Date joined
(e) the names of all barristers who became employees of the
company during the reporting period are—
Name
Date joined
(f) the names of all barristers who ceased to be members or
employees during the reporting period are—
Name
Date joined
(g) the names of all barristers who ceased to be members or
employees during the reporting period are—
Name
Date left
3 I have inspected the books, records and accounts produced to
me for the practice of the barrister/firm/professional company and,
although I express no opinion on their accuracy or completeness, I report
that my inspection indicated that the barrister/firm/ during the financial
year ended [blank] day of [blank] 19 [blank] appeared to maintain—
(a) a book of original entry showing the date of receipt and
source of money received in trust for every client and
identifying the client concerned;
(b) a book of original entry showing every disbursement out
of money held in trust for every client, and the date of
every disbursement and the name of every recipient;
(c) a clients' trust ledger showing separately for each person
on whose behalf money has been received in trust all
such money received and disbursed, and any
unexpected balance;
(d) a record showing all transfers of money between clients,
trust ledger accounts and explaining the purpose for
which each transfer is made;
BARRISTERS (ACCOUNTS AND RECORDS) AMENDMENT
RULES 2009
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(e) a book of original entry showing the date of receipt and
source of all money received other than trust money;
(f) a book of original entry showing all disbursements of
money other than trust money and showing the date of
every disbursement, and the name of every recipient;
(g) a fees book or chronological file of copies of bills showing
all fees charged and other bills issued to clients, the
dates of such bills and charges, and identifying the
clients so charged;
(h) bank statements or pass books, cashed cheques and
detailed duplicate deposit slips for all trust and other
accounts;
(i) pursuant to rule 4 of the Barristers (Accounts and
Records) Rules 1975—
(a) a monthly comparison of—
(i) the total of the balances held in the
trust account or trust accounts;
(ii) the total of all unexpended balances of
funds held in trust for clients as they
appear from the barrister's/
firm's/professional company’s books
and records,
together with the reasons for any differences
between the totals;
(b) a list showing the amount of trust money held for
each client and identifying the client;
(c) a reconciliation of each trust account;
(j) the following other books, records or accounts within
rule 5 of the said Rules—
4 With regard to any item of paragraph 3 (a) to (i) above not
answered affirmatively, we report particulars as follows—
5 In connection with item (i) of paragraph 3 above, I have reviewed
the books and other data produced to me [in a case where these have
been produced] and would comment generally as follows in respect of
differences and overdrawn accounts—
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but, since the above review does not constitute an audit, I can
express no opinion as to whether or not there were any
overdrawn trust accounts or shortages in trust funds during the
reporting period which were not disclosed in the said books and
data or whether otherwise the said books and data were
accurate or complete.
6 I have obtained from the barrister/firm/professional company a
written declaration that rules 2 - 6 of the Barristers (Accounts and
Records) Rules 1975 have been complied with or not, and, if not, in what
respects they were not complied with, which exceptions were—
Name of Accountant (member of
Signature
Address
Date
I am the barrister filing this report and to the best of my knowledge and
belief the facts as reported herein are accurate.
Full name of Barrister
Signature
Date
Notes:
1 Inappropriate words should be struck out throughout this
Report according as the practice being reported on is that of a sole
proprietorship, a partnership, or a professional company,
2 The reporting period is the financial year covered by the
Accountant's inspection, and the reporting date is the last day of that
financial year.
3 Yes, No or Not Applicable”
4 Where this Report is being completed and signed on behalf of a
firm or a professional company, the barrister should include beneath his
BARRISTERS (ACCOUNTS AND RECORDS) AMENDMENT
RULES 2009
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signature the word "Partner" or Director, to indicate that he is a partner
in the firm or a director in the professional company, as the case may be.
Made by the Bar Council this 19th day of October, 2009
_______________________________________________________
President
_______________________________________________________
Secretary
Confirmed by the Chief Justice this 21st day of October, 2009
________________________________________________________
Chief Justice
