Duty to Safeguard Property Flashcards
Duty to safeguard property
A lawyer must hold the property of a client or 3P that is in the lawyer’s possession separate from the lawyer’s own property
How should a lawyer keep client funds?
All client funds MUST be kept in a separate attorney trust account. Client funds shall be withdrawn only as fees are earned + expenses incurred.
Can a lawyer deposit own funds in trust account?
Lawyer’s own funds CANNOT be deposited in trust account EXCEPT:
* funds rb sufficient to pay bank charges OR
* funds belonging in part to both the CL and lawyer which must be withdrawn at the earliest rb time (CA)
What are the duties owed to a CL upon the end of representation?
A lawyer MUST return all client property to client upon the client’s request or at the end of representation.
In CA – a lawyer cannot withold a client’s case file for the purpose of not getting paid.
Must also give the CL sufficient notice to seek other counsel + return all unearned fees + return all document files.
Duty to protect & preserve evidence
The MR and CA RPC require that a lawyer must not unlawfully alter, destroy, or conceal a document or other material having potential evidentiary value. Thus, there is a general duty to protect and preserve evidence.
