Rule 1.15 Safekeeping Property
(a) A lawyer shall
hold property of clients or third persons that is in a lawyer's
possession in connection with a representation separate from the
lawyer's own property. Funds shall be kept in a separate account
maintained in the state where the lawyer's office is situated, or
elsewhere with the consent of the client or third person. Other
property shall be identified as such and appropriately safeguarded.
Complete records of such account funds and other property shall be
kept by the lawyer and shall be preserved for a period of [five
years] after termination of the representation.
(b) A lawyer may
deposit the lawyer's own 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.
(c) A lawyer shall
deposit into a client trust account legal fees and expenses that
have been paid in advance, to be withdrawn by the lawyer only as
fees are earned or expenses incurred.
(d) Upon receiving
funds or other property in which a client or third person has an
interest, a lawyer shall promptly notify the client or third person.
Except as stated in this rule or otherwise permitted by law or by
agreement with the client, a lawyer shall promptly deliver to the
client or third person any funds or other property that the client
or third person is entitled to receive and, upon request by the
client or third person, shall promptly render a full accounting
regarding such property.
(e) When in the course of representation a lawyer is
in possession of property in which two or more persons (one of whom
may be the lawyer) claim interests, the property shall be kept
separate by the lawyer until the dispute is resolved. The lawyer
shall promptly distribute all portions of the property as to which
the interests are not in dispute.
^ top of page ^