QUESTION
For years you have kept $5,000 of your own money in the office attorney trust account. You have never been a good record-keeper and thought this would be a good way to make sure that checks did not bounce. You recently hired an associate who told you that it was unethical for a lawyer to keep personal funds in the trust account. Your associate:
A. Ought to mind his own business.
B. Is wrong.
C. Is right.
D. Paid attention in Legal Ethics class.
Answer
Answer is C (and maybe D).
A lawyer is permitted to deposit personal funds in a client trust account for the sole purpose of paying bank service charges on that account, but only in an amount necessary for that purpose. Nebraska Court Rule of Professional Conduct §3-501.15(b). Comment [2] adds that “accurate records must be kept regarding which part of the funds are the lawyer’s.”
This hypothetical was prepared by the Counsel for Discipline of the Nebraska Supreme Court. If you have a question about your ethical responsibilities, contact the Office of the Counsel for Discipline at 402-471-1040 or 877-504-0967.