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Model Rules of Prof’l Conduct r. 1.15(a) cmt. 1 (Am. Bar Ass’n 2016).
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19 cards
1What is a client trust account?
What is a client trust account?2A lawyer was a sole practitioner with a relatively small practice. The lawyer had one client trust account in which she deposited all client funds....
A lawyer was a sole practitioner with a relatively small practice. The lawyer had one client trust account in which she deposited all client funds. The lawyer kept fastidious records to denote which funds belonged to which clients. By holding multiple clients’ funds in a single account, is the lawyer committing an ethical violation?3What recordkeeping requirements do the MRPC impose on lawyers regarding client trust accounts?
What recordkeeping requirements do the MRPC impose on lawyers regarding client trust accounts?4If a client advances funds to a lawyer to pay for future fees or expenses, must the lawyer deposit the money in a client trust account?
If a client advances funds to a lawyer to pay for future fees or expenses, must the lawyer deposit the money in a client trust account?5What is the only purpose for which a lawyer may deposit her own funds in a client trust account?
What is the only purpose for which a lawyer may deposit her own funds in a client trust account?6What is an IOLTA account?
What is an IOLTA account?7In general, should a lawyer exercise the care of a professional fiduciary in safeguarding a client’s property?
In general, should a lawyer exercise the care of a professional fiduciary in safeguarding a client’s property?8If a lawyer holds a client’s funds or property in the course of a representation, must the lawyer keep the funds or property separate from the lawy...
If a lawyer holds a client’s funds or property in the course of a representation, must the lawyer keep the funds or property separate from the lawyer’s own funds or property?9A lawyer who worked in an office building was representing a man in a divorce. The man and his spouse agreed that the man would take ultimate posse...
A lawyer who worked in an office building was representing a man in a divorce. The man and his spouse agreed that the man would take ultimate possession of a ruby ring valued at $5,000. The spouse delivered the ring to the lawyer’s office. The lawyer placed the ring in his top desk drawer, which did not lock, and went to lunch. The lawyer left his office door open while he was away. When the lawyer came back after lunch, the ring was gone. Subsequent investigation revealed that the ring had been stolen.Has the lawyer committed professional misconduct?10If a lawyer holds a client’s funds or property in the course of a representation, must the lawyer keep complete records of all the client’s funds o...
If a lawyer holds a client’s funds or property in the course of a representation, must the lawyer keep complete records of all the client’s funds or property?11Do the MRPC’s rules about safeguarding funds and property apply only when a lawyer holds funds or property in the course of rendering legal services?
Do the MRPC’s rules about safeguarding funds and property apply only when a lawyer holds funds or property in the course of rendering legal services?12If a lawyer receives funds or other property in which a client has an interest, must the lawyer promptly notify the client?
If a lawyer receives funds or other property in which a client has an interest, must the lawyer promptly notify the client?13Must a lawyer promptly deliver and account for a client’s funds or other property upon request?
Must a lawyer promptly deliver and account for a client’s funds or other property upon request?14A client paid a lawyer a $5,000 retainer as an advance payment of the lawyer’s eventual fees. The lawyer deposited the $5,000 in a client trust acc...
A client paid a lawyer a $5,000 retainer as an advance payment of the lawyer’s eventual fees. The lawyer deposited the $5,000 in a client trust account and withdrew money only as it was earned for the work the lawyer had completed. When the account balance dropped to $500, the lawyer asked the client for another $5,000 retainer. The client asked the lawyer for a statement outlining the work completed to date. The lawyer informed the client that he was too busy advocating on the client’s behalf to draw up a statement, but the lawyer assured the client that he was working on the client’s case and requested that the client send the additional $5,000 immediately.Has the lawyer committed professional misconduct?15Are the ethical rules for safeguarding funds or property of third persons the same as the rules that apply to safeguarding funds or property of a l...
Are the ethical rules for safeguarding funds or property of third persons the same as the rules that apply to safeguarding funds or property of a lawyer’s clients?16If a lawyer is holding client funds in a trust account for payment of the lawyer’s fees, and the lawyer and client dispute the amount of fees that ...
If a lawyer is holding client funds in a trust account for payment of the lawyer’s fees, and the lawyer and client dispute the amount of fees that are owed, must the lawyer immediately return any disputed funds to the client?17A client paid a lawyer a $5,000 retainer from which the lawyer was to draw fees as they were earned. The lawyer was supposed to bill the client $10...
A client paid a lawyer a $5,000 retainer from which the lawyer was to draw fees as they were earned. The lawyer was supposed to bill the client $100 an hour for work completed. After the lawyer completed 25 hours of work, she withdrew $2,500 from the trust account and sent the client a statement to that effect. The client read the statement and insisted that the lawyer had overbilled and that the work should have been completed within 15 hours.Is the lawyer required to set aside the $1,000 for the disputed 10 hours of work until the dispute is resolved?18If a lawyer representing a client possesses property or funds in which two or more persons claim an interest, may the lawyer nonetheless distribute...
If a lawyer representing a client possesses property or funds in which two or more persons claim an interest, may the lawyer nonetheless distribute the property as the lawyer sees fit?19A lawyer represented a client in a personal-injury matter and obtained a $500,000 settlement for the client. The opposing counsel provided the sett...
A lawyer represented a client in a personal-injury matter and obtained a $500,000 settlement for the client. The opposing counsel provided the settlement funds to the lawyer. Before the lawyer could distribute the funds to the client, one of the client’s creditors placed a lawful lien on the funds in the amount of $100,000. Under applicable law, a person may not interfere with the placement or execution of a creditor’s lawful lien or security interest, The client insisted that the lawyer distribute to him the full $500,000.May the lawyer comply with the client’s demand to distribute the full $500,000?