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?

  • 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.

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

  • 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.

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

Multistate Professional Responsibility Exam
Safekeeping funds and other property
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