Multistate Professional Responsibility Exam Practice Question
An attorney opened a practice and received an advanced fee from a new client. The attorney deposited the payment into the firm's operating account to address ongoing expenses. Which action best follows professional guidelines?
Place the advanced fee in the firm’s operating account if tracked in a ledger
Deposit the advanced fee in a dedicated account until that portion is earned
The advanced fees are properly deposited into an operating account
Use advanced funds for business costs if the final invoice matches the deposit amount
Advanced funds must remain in a dedicated account, such as an IOLTA (Interest on Lawyers' Trust Account), until they are earned, billed, or applied to expenses as agreed. Mixing these funds with office or personal money could neglect the lawyer’s fiduciary duty and risk misappropriation. Some answers that advocate general operating account deposits are incorrect because they compromise the separate holding requirement.
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