Ethics Forum: Questions and Answers on Professional Responsibility
My client, as part of a fee, gave me jewelry and some personal property to hold as security for the fee in his criminal case. How should I maintain these matters?
June 03, 2021 at 12:04 PM
10 minute read
A client's property must be segregated and protected, and not comingled with lawyer's other property.
My client, as part of a fee, gave me jewelry and some personal property to hold as security for the fee in his criminal case. How should I maintain these matters?
Under the current Rules of Professional Conduct Rule 1.15, a lawyer has to segregate, not only the client's funds, but any personal property a client gives to a lawyer to hold for fees or other matters. Monies have to be placed into the IOLTA account, but if a client gives jewelry or other matters, such as securities, they also have to be held separately. Rule 1.15 titled "Safekeeping Property" is very precise on that. Under Rule 1.15(b), the rule states as follows, "A lawyer shall hold all Rule 1.15 funds and properties separate from the lawyer's own property. Such property shall be identified and appropriately safeguarded." If the material or property to be held might be claimed by someone else, or someone might claim an interest in it, then under Rule 1.15(d), notification of the holding of the property must be made to all such persons. Also, it should be noted under 1.15(f), when a lawyer holds funds or property in which two or more people have claims or interest then that property must be held in escrow, or in separation, or in segregation until the dispute is resolved. That is true even if the lawyer is one of the persons making a claim on the property.
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