A solicitor who withdraws funds from a trust account in breach of a costs agreement comes under an immediate liability to account to the client, regardless of whether the client owes the solicitor money under other invoices. A solicitor's particular lien over the fruits of litigation does not entitle withdrawal from trust without a court order. For a client's authority to constitute 'instructions' under reg 3.3.34(3)(a)(ii), the client must have given informed consent; and a bill not calculated in accordance with the costs agreement is not a valid 'bill' under reg 3.3.34(4) authorising withdrawal of trust money.
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