The Law Society is reluctant to take possession of a member's practice and action pursuant to Section 92 is minimal. A custodianship is expensive and a significant expense is incurred by the custodian reviewing client files and contacting clients. Although the Law Society funds the fees and disbursements of the custodian, it does pursue recovery first against the practice by collecting what it can of outstanding fee accounts and work in progress but without the cooperation and input of the member, this is not a very successful exercise. Secondly, the Law Society seeks recovery from the member both by civil action in the courts and making reimbursement a condition to reinstatement to active practice. More and more recently members have made private arrangements for the administration of their practice should any of the circumstances set out in Section 92 arise.
Private arrangements are much more satisfactory both to the member and the member's clients.
Most private arrangements, however, are very satisfactory to the Society.