In what circumstances will a solicitor be found to have misappropriated a client’s trust funds?
Ontario, Canada
The following excerpt is from Law Society of Ontario v. Deonarain, 2019 ONLSTH 89 (CanLII):
In Bolton v. Law Society, [1993] EWCA Civ 32, the Master of the Rolls’ comments explain why any unauthorized temporary use of a client’s trust funds is a very serious breach of professional duty: …the essential issue … is the need to maintain among members of the public a well-founded confidence that any solicitor whom they instruct will be a person of unquestionable integrity, probity and trustworthiness.
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