Multistate Professional Responsibility Exam Practice Question
A lawyer receives an advance from a client to cover services. The lawyer takes a portion of that amount for personal needs, intending to replace it before any invoices are issued. The client learns about this and confronts the lawyer. Which description best states the lawyer’s obligation?
Such use is acceptable if the lawyer provides enough detail to the client about the withdrawal
It is appropriate so long as the lawyer replaces the funds before sending a billing statement
It is unethical to withdraw unearned amounts from the client’s funds for non-client needs
The retainer becomes the lawyer’s money upon receipt
An attorney must hold client funds apart from personal resources and avoid using them until they are earned or otherwise appropriately disbursed. Even if the lawyer plans to reimburse the client’s money, the duty to safeguard remains. Other options are incorrect because they either condone unauthorized use of client funds or imply that the funds become the lawyer’s property prematurely.
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