When Your lawyer’s practice is in custodianship

If a lawyer is unable to continue to practise law because of illness, death, retirement, suspension or disbarment, the Law Society may apply to the court under section 50 of the Legal Profession Act for the appointment of a custodian to take over the law practice.  A custodian is a practising lawyer who will either manage or terminate the law practice, depending on the court order.

Most often, the Law Society of BC is appointed custodian, and then a staff lawyer at the Law Society is designated to carry out the duties of the custodian.

The custodian will normally:

• take custody of all active and closed files, bank accounts and the accounting records of the practice;
• contact clients with open files to advise them of the appointment of the custodian and any apparent concerns about their files;
• act on the clients’ behalf on matters of immediate and urgent concern;
• assist clients to locate a new lawyer to complete their matters, and deliver the open client files and/or trust funds to the clients or their new lawyers after obtaining written instructions; and
• ensure that trust funds are properly accounted for and paid out to the appropriate recipients.

Frequently Asked Questions

Q.  Can the custodian act as my new lawyer to complete my file?

A.  Unless an urgent or unusual circumstance exists, the custodian is not able to  take over conduct of a legal matter.  You should be aware that many legal matters involve critical time limits.  If you have an ongoing legal matter and a custodian is appointed, you should immediately advise the custodian of your circumstances and contact another lawyer for ongoing assistance with your matter.

Q.  How do I find a new lawyer?

A.  If you do not have a lawyer in mind to represent you, you may wish to call the Canadian Bar Association’s Lawyer Referral Service during business hours, 8:30 am – 4:30 pm, Monday – Friday at 604-687-3221 or 1-800-663-1919.

The Law Society is unable to recommend a new lawyer for you; see Finding a Lawyer for more information.

Q.  Do I have to pay for the work the custodian does on my file?

A.  No.  The custodian will  not charge the client a fee.  However, in some circumstances the client may be required to pay for out-of-pocket expenses incurred.

Q.  How do I get my file from the custodian?

A.  Your new lawyer can request the file in writing, and in most circumstances the custodian will then send the file to the lawyer. If you do not have a lawyer, in most circumstances you can arrange to pick up the file at the Law Society, or we can arrange for a lawyer in your community to act as the Law Society’s agent to deliver the file. You will have to produce valid photo identification at the time you pick up the file.

Q.  Can I still get my file if I still owe the lawyer money on my legal matter?

A.  The appointment of a custodian does not eliminate any amount you owe to the lawyer on account of past legal services. The lawyer has 30 days after the appointment of the custodian to assert a solicitor’s lien over the file. If  a solicitors’ lien is asserted, the outstanding amount will may have to be paid before the file can be released to you or to your new lawyer. This does not apply to some certain original, valuable documents, such as wills.

Q.  How do I get back the money my lawyer is holding in trust for me?

A.  Where practicable, trust funds are paid to the appropriate recipients within the first few months after the appointment of the custodian, after reconciliation of the trust accounts and a careful review of each file.  If there is a trust shortage, insufficient funds in trust to pay everyone the amount to which they are entitled, this can delay matters, and you may have to make an application through the Law Society’s Trust Protection Coverage to recover the amount to which you believe you are entitled.

For more information, see Trust Protection Coverage.

Q.  How do I make a complaint about my lawyer?

A.  The Law Society’s Professional Conduct Department investigates complaints involving lawyers. Phone 604-669-2533 if you are in Vancouver, or 1-800-903-5300 from elsewhere in the province and advise the receptionist that you would like to make a complaint against a lawyer. 

For more information about the Law Society’s complaints process, see Conduct & Discipline.