safe keeping of funds and other property Flashcards
Duty to protect clients property
yes
Client trust account
an attorney must deposit their clients money in a seperate, individual, interest bearing account
Account must be fully insured, ie the balance
Unearned fees or expenses
A lawyer shall deposit unearned pre paid fees into an account and only take money as it is earned
pooled client trust accounts
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.
Commingling and borrowed funds
not cool, except a lawyer may deposit money to pay bank service charges but only enough to do so
duty to keep records
Lawyers must keep records of client funds and property
Duty to promptly notify and deliver
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
Third party property
same rules regarding client property applies to third party property recieved by a lawyer in connection with representation
Disputed claims
If there is a dispute about money the lawyer needs to keep the disputed property seperate