Safekeeping Property of Clients and Others Flashcards
A lawyer must deposit into a client trust account legal fees and expenses that have been _____________, to be withdrawn by the lawyer only as ____ are _________ or _______________.
A lawyer must deposit into a client trust account legal fees and expenses that have been paid in advance, to be withdrawn by the lawyer only as fees are earned or expenses incurred.
For example, a lawyer must not hold fees paid in advance in the lawyer’s general office account and later transfer unearned portions to the client trust account.
During the course of a representation, a lawyer _________________ a client’s ________ that is in the lawyer’s _________.
All the client’s _______ must be kept ________ from the lawyer’s __________________________.
During the course of a representation, a lawyer has a duty to protect a client’s property that is in the lawyer’s possession.
All the client’s property must be kept separate from the lawyer’s business and personal property.
A lawyer ______ hold property of ___________ as well as property of a _____ that is in the lawyer’s possession __________________________ with _______________ of a __________________.
In addition to ______________________ from an attorney’s ___________, the attorney ____ set up a separate trust account ______________. One example is if money is to be placed in escrow for a third party until ___________________.
A lawyer must hold property of a third party as well as property of a client that is in the lawyer’s possession in connection with a representation with the care required of a professional fiduciary.
In addition to separation of such property from an attorney’s own property, the attorney must set up a separate trust account when warranted. One example is if money is to be placed in escrow for a third party until conditions were met or not met.
When an attorney and a client are in dispute over who is entitled to funds received by the attorney, the attorney ____ place ____________________ in a trust account and _________________________.
For example, if the attorney has $100,000 and bills $25,000, and the client only agrees to $20,000, then the attorney must disburse _________.
When an attorney and a client are in dispute over who is entitled to funds received by the attorney, the attorney must place the disputed amount in a trust account and distribute any remaining amount.
For example, if the attorney has $100,000 and bills $25,000, and the client only agrees to $20,000, then the attorney must disburse $95,000.
Lawyers _______ imply or hold themselves out as practicing together in one firm when they are not a firm.
The mere ________________ by lawyers is ordinarily insufficient to result in the lawyers being treated as a firm.
Lawyers must not imply or hold themselves out as practicing together in one firm when they are not a firm.
The mere sharing of office space by lawyers is ordinarily insufficient to result in the lawyers being treated as a firm.
A firm _____ be designated by the names of deceased members where _________________________________.
A firm may be designated by the names of deceased members where there has been a succession in the firm’s identity.
The name of a lawyer holding a public office ________ be used in the name of a law firm, or in communications on its behalf, during __________________ in which the lawyer is _____________________________ with the firm.
The name of a lawyer holding a public office must not be used in the name of a law firm, or in communications on its behalf, during any substantial period in which the lawyer is not actively and regularly practicing with the firm.
