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Question 1
You talk to your client about what you think his case might cost, apart from your fee. The client advances you a few thousand dollars to cover some costs. You tell the client the money will go to a third person in connection with the case. Do you deposit these advances in your client trust account?
Correct A lawyer must hold property of clients or third parties in a separate account, according to Model Rule 1.15(a). Whether the advances still belong to the client, or if they belong to the third party who expects payment, the advances quite clearly are not the lawyer's property. As such, they must not be commingled with the lawyer's funds. Note that when it comes to advance fees, such as retainer fees, courts disagree on whether or not these funds should be deposited in a client trust account.
Incorrect! A lawyer must hold property of clients or third parties in a separate account, according to Model Rule 1.15(a). Whether the advances still belong to the client, or if they belong to the third party who expects payment, the advances quite clearly are not the lawyer's property. As such, they must not be commingled with the lawyer's funds. Note that when it comes to advance fees, such as retainer fees, courts disagree on whether or not these funds should be deposited in a client trust account.
Correct
Incorrect!
Question 2
Say you represent three contractors in various business ventures. Money is forwarded all the time by them, given the volume of business they do. To facilitate matters you place all the checks they give you in one trust account, separate from your personal funds. A lot of these checks are for advances on fees, as well as funds with which you are empowered to negotiate in settlements. Could you be disciplined for commingling funds?
Correct
Incorrect!
Correct While it is true that lawyers may not commingle their own funds with their clients' funds, there is no prohibition against commingling client funds, at least according to the vast majority of courts. You can have one 'common' trust account for all your clients. However, you have to be scrupulous in your accounting, especially because multiple disbursements can present confusion.
Incorrect! While it is true that lawyers may not commingle their own funds with their clients' funds, there is no prohibition against commingling client funds, at least according to the vast majority of courts. You can have one 'common' trust account for all your clients. However, you have to be scrupulous in your accounting, especially because multiple disbursements can present confusion.
Question 3
You went to law school, not business school. You don't know the first thing about accounting for a client trust account, but you're smart enough to work out a way to protect yourself by keeping a couple of extra thousand dollars of your funds in the trust account, just in case, by accident, you bounce a trust account check. Have you violated the ethical rules?
Correct A lawyer must separate his funds from his client funds. Although your aim here is to protect yourself and your clients, you are still inappropriately commingling funds, in violation of the ethical rules. See Model Rule 1.15(a).
Incorrect! A lawyer must separate his funds from his client funds. Although your aim here is to protect yourself and your clients, you are still inappropriately commingling funds, in violation of the ethical rules. See Model Rule 1.15(a).
Correct
Incorrect!
Question 4
You negotiated for a nice settlement for your client, the plaintiff in an invasion of privacy case. According to the terms of the settlement, you will receive two checks on behalf of your client, one in each of the next two months. You of course deposit the checks in your client trust account. At the end of the second month you write out a check from the trust account, paying to the order of your client. You deduct your fee from the check, just to make sure you get what you're due. You assume your client would want to do business with you this way, as do most of the clients. Any ethical problems with this arrangement?
Correct A lawyer cannot make disbursements from a client trust account without the client's consent. See Model Rule 1.15(a). You cannot simply pay yourself for your attorney fees out of the trust funds without gaining the client's consent. You may also keep the funds in the client trust account and use litigation or a form of alternative dispute resolution to resolve a dispute with your client over your fee, but you cannot simply pay yourself without the client's consent.
Incorrect! A lawyer cannot make disbursements from a client trust account without the client's consent. See Model Rule 1.15(a). You cannot simply pay yourself for your attorney fees out of the trust funds without gaining the client's consent. You may also keep the funds in the client trust account and use litigation or a form of alternative dispute resolution to resolve a dispute with your client over your fee, but you cannot simply pay yourself without the client's consent.
Correct
Incorrect!
Question 5
You represented Van Illa in a suit against the bean grower's association. Van thought that you told him your fees in the suit were $40 an hour, but really they were $400 (you're straight out of a big-city firm). You know this was made clear from the outset of the representation, and in fact, you had Van sign an acceptance of this fee. Unfortunately, your secretary filed the fee agreement somewhere in the depths of your filing cabinet, and you're having trouble finding it. While the dispute continues, where do you keep the funds in question?
Correct
Incorrect!
Correct
Incorrect!
Correct The Model Rules say that 'if a dispute arises concerning [the] respective interests [of a client and lawyer in property], the portion in dispute shall be kept separate by the lawyer until the dispute is resolved.' Therefore you must keep the disputed portion in the client trust account, and refund to your client any undisputed portion of the account that is owed. (a) and (b) are incorrect because if you commingle the client's funds with your firm's general fund, or with your personal account, you will essentially be misappropriating potential client property in violation of the ethical rules.
Incorrect! The Model Rules say that 'if a dispute arises concerning [the] respective interests [of a client and lawyer in property], the portion in dispute shall be kept separate by the lawyer until the dispute is resolved.' Therefore you must keep the disputed portion in the client trust account, and refund to your client any undisputed portion of the account that is owed. (a) and (b) are incorrect because if you commingle the client's funds with your firm's general fund, or with your personal account, you will essentially be misappropriating potential client property in violation of the ethical rules.
Correct
Incorrect!
Question 6
Say the fiance' of an old client of yours calls and says her man, your old client, is stuck in jail on a probably bogus arrest. You tell her you'll work for $200 an hour, and ask if she can forward you $5,000 for bail, which you say you'll try hard to have the magistrate set. You also request that the fiance' forward four hours worth of fees, which you figure should cover the initial wrangling over bail. She agrees, and sends you $800 on top of the $5,000 for bail. You properly deposit the funds in your client trust account. The next day, you work diligently for three hours in trying to get bail set, but have no luck. The client and his fiance' are up in arms against you. They are red with anger that you were so unsuccessful at a time they desperately needed you. They demand to be refunded for all that was paid, and immediately. So you return the $5,000 to the fiance' and leave the $800 advance in the account, expecting a resolution of the dispute shortly. Any ethical problems?
Correct The rules hold that any disputed amount may remain in the client trust account, pending resolution of the dispute. Here, there was no dispute regarding the $5,000, which you properly remitted to the fiance'. However, there is a problem with the remaining $800. The disputed amount is actually $600, this is what you will claim is owned to you for your three hours of service. The remaining $200 is NOT in dispute, as you only worked for three hours. Therefore you failed in your ethical obligation to return the entire undisputed portion to the client or fiance'. Again, the rule says that the disputed amount must remain in the trust account until a settlement of the dispute. You must return the undisputed balance to the client. See Model Rule 1.15(c).
Incorrect! The rules hold that any disputed amount may remain in the client trust account, pending resolution of the dispute. Here, there was no dispute regarding the $5,000, which you properly remitted to the fiance'. However, there is a problem with the remaining $800. The disputed amount is actually $600, this is what you will claim is owned to you for your three hours of service. The remaining $200 is NOT in dispute, as you only worked for three hours. Therefore you failed in your ethical obligation to return the entire undisputed portion to the client or fiance'. Again, the rule says that the disputed amount must remain in the trust account until a settlement of the dispute. You must return the undisputed balance to the client. See Model Rule 1.15(c).