Safeguarding Funds, property

Question 1

When may a lawyer properly commingle client funds with her own funds?

Answer 1

Never; a lawyer is subject to discipline for commingling her client’s funds with her own personal or business funds.

exceptions: money for bank maintenance fee

Question 2

A client trust fund account should not contain

Answer 2

general business funds.

Question 3

All money that a lawyer receives on behalf of a client (whether from the client or a third party) must promptly be placed

Answer 3

in a client trust fund account.

Question 4

Ordinarily, a lawyer must never put her own money or her firm’s money into the client trust account, but she may put some of her own money into that account for the sole purpose of paying

Answer 4

bank service charges.

Question 5

A client trust fund account normally should be located in

Answer 5

the state where the lawyer practices, unless the client consents.

Question 6

When a client entrusts a lawyer with money to pay costs and expenses not yet incurred, the lawyer must

Answer 6

Place the money into a client trust fund account and pay the expenses directly with checks drawn on that account.

Question 7

what are the record-keeping requirements for money and property held by a lawyer on behalf of a client?

Answer 7

The records must be kept in accordance with generally accepted accounting practice, and they must be preserved for five years after the termination of the representation

There is no requirement that the records be filed with the appropriate authority. These records are not an invasion of the client’s privacy, and they should not be immediately destroyed.

Question 8

A lawyer safeguarding a client’s property acts as a

Answer 8

fiduciary and is subject to civil liability for failure to safeguard such property.

Question 9

Thus a lawyer would be acting properly by arranging for a valuable ring to be placed in a

Answer 9

safety deposit box during the course of litigation.

Question 10

A lawyer must not borrow money from a client trust account. T o F?

Answer 10

True

Question 11

What should a lawyer do if she is entrusted with a large sum of her client’s money to be held for a significant period of time?

Answer 11

Place the money into a separate, interest-bearing account, with any interest belonging to the client

Question 12

Only when a client entrusts a lawyer with a sum that is too small to earn any net interest, should the lawyer put it into a pooled checking account that earns interest. This interest will be used to fund

Answer 12

charitable legal programs.

Question 13

Advances against legal fees that a lawyer has not yet earned must be

Answer 13

Placed in a client trust account and may be withdrawn by the lawyer as the fees are earned

Question 14

When the time comes to pay over money or deliver property to which the client or a third party is entitled, the lawyer must do so

Answer 14

Promptly

There is no set period of time, such as 10 business days or 180 days, which meets this standard. The lawyer is directed to do so promptly, not on a timetable that meets the lawyer’s own convenience.

Question 15

What duty does a lawyer have when safeguarding a client’s property?

Answer 15

The lawyer acts as a fiduciary and is subject to civil liability if he fails to safeguard the property

Question 16

What should a lawyer do if she is entrusted with a small sum of her client’s money for a brief period of time?

Answer 16

Place the money into a pooled checking account, with any interest used to fund charitable legal programs

Question 17

When a lawyer receives funds from a third party that are to be used, in part, to pay the lawyer’s fee, the lawyer must

Answer 17

Place the funds in a client trust account until there is an accounting and severance of the respective interests of the client and the lawyer.

If the client disputes the amount that is due to the lawyer, then the disputed portion must be kept in the client trust account until the dispute is resolved.

The lawyer must not place any portion of the funds in the lawyer’s business fund account. But there is no need for the lawyer to turn the funds over to a third party until the accounting takes place

Question 18

What are a duty owed by a lawyer with respect to a client’s money or property?

Answer 18

1) A duty to promptly pay over money or deliver property to which the client or a third party is entitled
2) A duty to notify the client promptly when a third party turns over money or property to the lawyer to hold on the client’s behalf
3) A duty to keep complete, accurate, and up-to-date records of all money and property held on behalf of the client

Question 19

When a third party claims an interest in funds that have come into a lawyer’s possession on behalf of a client, the lawyer can

Answer 19

1) Refuse to surrender the funds to his client until the third party has been paid
2) Distribute any funds that are not in dispute directly to the third party
3) File an interpleader action to have a court resolve the matter

lawyer should not unilaterally presume to arbitrate a dispute between the client and the third party regarding these funds

Question 20

(the prohibition on commingling, recordkeeping requirements, etc.) don’t apply when the funds are not held

Answer 20

in connection with any legal representation.

Question 21

he client can consent to placing the funds in the office account. T or F?

Answer 21

False

Question 22

If there is a dispute over funds (between the lawyer and the client, or between the client and some third person), the lawyer must

Answer 22

keep the disputed portion in the client trust account until the dispute is resolved.

Sometimes a third party has an interest in funds that come into the lawyer’s possession on behalf of a client. Thus, Statute, common law, or contract may require the lawyer to protect the third party’s interest against interference by the client; accordingly, when the third party’s claim is not frivolous, the lawyer must refuse to surrender the funds to the client until the third party has been paid.

Question 23

An attorney must not enter into a business transaction with a client or knowingly acquire an ownership, possessory, security, or other pecuniary interest adverse to a client unless

Answer 23

the client is advised in writing of the desirability of seeking and is given a reasonable opportunity to seek the advice of independent legal counsel on the transaction.

Question 24

Informed consent/agreement in writing signed by client is required when?

Answer 24

1) Business transaction with/pecuniary interest adverse to client
2) Aggregate settlement between clients
3) Contingent fee agreement