Section 93Part 11 — INVESTIGATION AND DETERMINATION OF ALLEGED PROFESSIONAL MISCONDUCT
Trusteeships held by attorney-at-law suspended or struck off
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93. (1) If an attorney-at-law is suspended from practice or if the name of the attorney- at-law is struck off the Roll, the Council may serve a notice signed by two members of the Council requiring the person upon whom the notice is served to supply to the Council, in so far as it is practicable to do so —
a list showing any wills in which the attorney-at-law is appointed as a trustee, and the names and addresses of the testators;
a list of any other trusteeships that are held by the attorney-at-law under any trust or are to be held by the attorney-at-law on the occurrence of any event and the beneficiaries under the trusts;
if the attorney-at-law is a sole practitioner, details of the client funds held by the attorney-at-law; and
any other particulars as may be necessary to enable the Council to exercise its powers under subsection (3).
The notice under subsection (1) shall be served —
on the attorney-at-law or on a person carrying on the attorney-at-law’s practice; or
if the attorney-at-law is a partner, member, employee, associate or consultant of a law firm, on the law firm or on a partner, member, employee, associate or consultant of the law firm.
After the Council receives the list required under subsection (1), the Council may, notwithstanding anything to the contrary under this Part, notify —
a testator named in the list;
a beneficiary named in the list; or Section 94 Legal Services Act, 2020 Page 46 Act 57 of 2020 c
a person having power to appoint or remove the trustees in respect of a trust mentioned in the list, that the attorney-at -law has been suspended from practice or that the name of the attorney-at -law has been struck off the Roll.
In this section, “trust” means a trust of any kind and includes the duties incidental to the office of a personal representative.
A person who, without lawful justification or excuse, fails or refuses to comply with the requirement of a notice under this section served commits an offence and liable —
on summary conviction to a fine of twenty thousand dollars or to imprisonment for a term of two years, or to both; or
on conviction on indictment to a fine of fifty thousand dollars or to imprisonment for a term of five years, or to both.