Crucial Exams

Multistate Professional Responsibility Exam Practice Question

An attorney receives a deposit check from a real estate transaction involving a client. A broker claims a portion of the deposit as commission, but the client disputes that claim. Which approach is consistent with an attorney’s duty regarding property claimed by a non-client?

  • Provide the deposit to the broker, then direct the broker to give a refund to the client if the dispute is resolved in the client’s favor.

  • Separate the disputed portion of the deposit in the trust account until the matter is resolved, disbursing what is not contested once appropriate.

  • Distribute the deposit to the client upon request, leaving the broker to pursue independent legal action.

  • Place the deposit in the attorney’s business account and subtract the broker’s claim if the dispute is resolved in the broker’s favor.

Multistate Professional Responsibility Exam
Safekeeping funds and other property
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