Multistate Professional Responsibility Exam Practice Question
An attorney represents a real estate investor who sends a significant check for fees and multiple original deeds. The attorney deposits the check into a personal account to cover business expenses and places the deeds on an open shelf in the office. Which statement is correct about the attorney’s obligation to handle the investor’s property?
The attorney should place the funds in a designated trust account and secure the deeds where staff and others do not have open access
The attorney is allowed to keep the deeds in any office location and temporarily add the funds to a personal account
The funds may be deposited into the personal account as they are fee-for-service based and not settlement funds. The deeds must be secured out of sight.
The attorney’s use of a personal bank account is suitable when the attorney plans to replenish the amount later
An attorney must safeguard a client’s funds by depositing them in a trust account rather than commingling them with personal funds. The attorney must also take reasonable measures to keep the deeds secure from unauthorized access. Leaving the deeds on an open shelf and placing the client’s funds in a personal account both risk misuse or misplacement. Other answers fail to address the requirement that an attorney set up a separate trust account for these funds and store client property in a protected area.
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Why is it important for an attorney to use a trust account for client funds?
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What measures should an attorney use to secure original deeds?
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What are the consequences of commingling client funds with personal funds?