safe keeping of funds and other property Flashcards

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1
Q

Duty to protect clients property

A

yes

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2
Q

Client trust account

A

an attorney must deposit their clients money in a seperate, individual, interest bearing account

Account must be fully insured, ie the balance

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3
Q

Unearned fees or expenses

A

A lawyer shall deposit unearned pre paid fees into an account and only take money as it is earned

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4
Q

pooled client trust accounts

A

pooled trust accounts are used for smaller funds held for short periods of time for several clients at once. These funds must be held in a checking account and the interest generated must be used to pay bank fees and then given to the state bar for indigent defense.

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5
Q

Commingling and borrowed funds

A

not cool, except a lawyer may deposit money to pay bank service charges but only enough to do so

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6
Q

duty to keep records

A

Lawyers must keep records of client funds and property

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7
Q

Duty to promptly notify and deliver

A

upon recieving funds or other property in which a client or a third party has an interest, a lawyer shall promptly notify and deliver those funds

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8
Q

Third party property

A

same rules regarding client property applies to third party property recieved by a lawyer in connection with representation

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9
Q

Disputed claims

A

If there is a dispute about money the lawyer needs to keep the disputed property seperate

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