Multistate Professional Responsibility Exam Practice Question
An attorney starts a new practice and plans to hold advance payments from clients for upcoming services. The attorney wonders how to maintain these payments. Which approach is best?
Maintain the advance payments in a personal account and track deposits with a separate ledger
Place the advance payments in a business account or trust account
Open a dedicated trust account, separate from any personal and business funds, and record each client's payments in detailed ledgers
Place the client payments in the lawyer's general business account, keeping track of amounts through individual entries
The approach that sets up a dedicated account, separate from personal and business funds, satisfies professional requirements because it prevents commingling client resources with the lawyer's own. A personal or operating account both create risks, including inadvertent use of client funds. Proper recordkeeping in a dedicated account ensures clear identification of each client's share and aligns with the duty to safeguard property.
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Why does an attorney need to keep advance payments in a dedicated trust account?
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What is 'commingling,' and why is it a concern for client funds?
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What records should attorneys maintain for a dedicated trust account?
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Multistate Professional Responsibility Exam
Safekeeping funds and other property
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