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Moving-June-25-2018

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The aim of the Law Society of Manitoba is a public well served by a competent, honourable and independent legal profession.

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Request for Proposals – Custodial Counsel

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The Law Society is seeking the services of a lawyer or law firm to act as custodial counsel for a one year period commencing January 1, 2019 and ending on December 31, 2019.

When a lawyer is suspended, dies or becomes incapacitated, and no prior arrangement has been made for the management of his or her practice, the Law Society will obtain a Custodial Order, allowing us to step in to protect the interests of that lawyer’s clients.
 
Typically, counsel is appointed the custodian of a member’s practice together with a Law Society representative. The custodian is responsible for protecting clients’ interests on an interim basis and generally does not do any legal work on client files except in urgent cases. Frequently the requirement to assume custodial duties arises on short notice and requires an intensive time commitment. Following the initial collection, review and assessment of files, the custodian is required to ensure that the client files and any associated trust funds are distributed in accordance with the client’s instructions. Frequently the volume is such that more than one lawyer is needed to attend to that initial review and accordingly, the work is best suited to a firm, rather than to an individual lawyer. The custodian will assume signing authority over the member’s trust accounts and ultimately is responsible for the disposition of client trust funds and accounting to the Law Society.
 
The Law Society is proposing to pay a fixed rate of $45,000 plus taxes for the one year contract. Since 2001, we have had 37 custodial matters, with as many as six in one year and in other years there have been no custodial orders. However, on average, there are between two and three new custodial matters per year. The contract requires the lawyer/law firm to provide all custodial services in the year except where there is a conflict of interest or in the rare circumstance that specialized skills or expertise are required.
 
Lawyers/law firms interested in this opportunity are invited to submit a written proposal setting out their background and experience by October 31, 2018 to the attention of:
 
Leah Kosokowsky, Director of Regulation
200 – 260 St. Mary Avenue
Winnipeg, Manitoba R3C 0M6
or lkosokowsky@lawsociety.mb.ca
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