What Should I Do With Funds in Trust When I Can’t Find the Client?
In 2016, the Louisiana Supreme Court amended Rule 1.15 to provide guidance to lawyers as to the what to do with “Unidentified Funds” in a trust account. See Order Amending …
Disbarment for Phone Sex
On January 4, 2017, the New Jersey Supreme Court disbarred a lawyer for, among other things, using client trust funds to pay for phone sex. See In re James P. Madden, …
Lawyer Admonished for Trust Accounting Problems “Common in Legal Practice”
The Vermont Supreme Court has privately admonished a lawyer for engaging in trust accounting irregularities that the court noted are “common in legal practice, particularly for small firms and solo …
What Portions of a Lawyer’s File Must Be Surrendered to the Client?
Your representation is over. Whether it ended through completion of the underlying matter or through your termination by the client, what portions of the file must you surrender to your client (or …
Is a Lawyer Ethically Responsible for Trust Account Theft Caused by Hacking?
No, if the lawyer has otherwise taken reasonable efforts to safeguard client and third-party funds in the lawyer’s trust account. See N.C. Bar Assoc. Formal Op. No. 6 (Oct. 23, 2015). …
New Rule Requires Quarterly Reconciliation of Lawyer Trust Accounts
On January 13, 2015, the Louisiana Supreme Court adopted a Louisiana State Bar Association recommendation to amend Rule 1.15 to require periodic reconciliations of client trust accounts. See La. Sup. Ct. Order of Jan. …
Do You Have to Personally Reconcile Your Trust Account Every Month?
You will if the Louisiana Supreme Court adopts a recent LSBA House of Delegates resolution requiring just that. On Saturday, January 25, 2014, the House considered a resolution “to amend …
What Do I Do With a Missing Client’s Funds and File?
Uncertain. Under Louisiana Rule 1.15(a): A lawyer shall hold property of clients or third persons that is in a lawyer’s possession in connection with a representation separate from the lawyer’s own …