FINED £50 EACH

Evening Post, Volume CVIII, Issue 138, 7 December 1929, Page 10

FINED £50 EACH

SOLICITORS' TRUST ACCOUNT

"ONLY THEMSELVES TO BLAME"

Failure to have their trust account audited within the prescribed time resulted in two solicitors, John Charles Carroll and J. P. Somers, practising in partnership at Te Aroha, being fined £50 each, and costs, in the Magistrate's Court this morning by Mr. E. Page S.M.

Mr. J. M. Tudhope, assistant Crown Solicitor, who prosecuted, said that every solicitor in practice was required by legislation to have his trust account for the year ending 31st March audited by an approved auditor, and the auditor's certificate delivered to the Solicitor-General by 30th June in each year. The defendants were a firm of solicitors who had been in practice in To Aroha for many years past. At tho time the information was filed and up to yesterday, five months after the due date, their trust account had not been audited, although five communications had been sent to them by the Crown Law Office, reminding them of their obligations. Ho was glad to be .able to state that a satisfactory audit certificate from an approved auditor had been received by the SolicitorGeneral yesterday, certifying that the defendants' trust account had been duly kept and was in order in all respects. The offence with which they were charged,. however, was failing to have their trust account audited within the prescribed time. That offence was complete some months ago, and there could be no question of withdrawing the information as requested by the defendants. Seeing that everything was m order with their trust account it was difficult to understand why the defendants had shelved the matter of audit for so long, knowing the injurious results of a prosecution, not only to themselves, but to the profession as a whole.

"Apparently their neglect is due to procrastination alone," added Air. Tudhope. "The only excuse offered by Mr. Carroll, who has charge of that part of the business, is that owing to the state of his health he could not apply himself to getting the books up to date. Unfortunately for them a minimum penalty of £50 is provided and in the case of solicitors in partnership it is expressly provided that each partner shall be liable to a minimum penalty of £50. The penalty, perhaps, is a heavy one, seeing that it is now shown that everything is in order; but ample warning was given, and they have only themselves to blame."