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Ch 32, p.40 RULES OF PROFESSIONAL CONDUCT May 2012<br />

Emergency Legal Assistance<br />

[9] In an emergency where the health, safety, or a financial interest <strong>of</strong> a person with seriously<br />

diminished capacity is threatened with imminent and irreparable harm, a lawyer may take legal<br />

action on behalf <strong>of</strong> such a person even though the person is unable to establish a client-lawyer<br />

relationship or to make or express considered judgments about the matter, when the person or<br />

another acting in good faith on that person’s behalf has consulted with the lawyer. Even in such an<br />

emergency, however, the lawyer should not act unless the lawyer reasonably believes that the person<br />

has no other lawyer, agent, or other representative available. The lawyer should take legal action on<br />

behalf <strong>of</strong> the person only to the extent reasonably necessary to maintain the status quo or otherwise<br />

avoid imminent and irreparable harm. A lawyer who undertakes to represent a person in such an<br />

exigent situation has the same duties under these rules as the lawyer would with respect to a client.<br />

[10] A lawyer who acts on behalf <strong>of</strong> a person with seriously diminished capacity in an emergency<br />

should keep the confidences <strong>of</strong> the person as if dealing with a client, disclosing them only to the<br />

extent necessary to accomplish the intended protective action. The lawyer should disclose to any<br />

tribunal involved and to any other counsel involved the nature <strong>of</strong> his or her relationship with the<br />

person. The lawyer should take steps to regularize the relationship or implement other protective<br />

solutions as soon as possible. Normally, a lawyer would not seek compensation for such emergency<br />

actions taken.<br />

[Court Order April 20, 2005, effective July 1, 2005]<br />

Rule 32:1.15: SAFEKEEPING PROPERTY<br />

(a) A lawyer shall hold property <strong>of</strong> clients or third persons that is in a lawyer’s possession<br />

in connection with a representation separate from the lawyer’s own property. Funds shall<br />

be kept in a separate account. Other property shall be identified as such and appropriately<br />

safeguarded. Complete records <strong>of</strong> such account funds and other property shall be kept by the<br />

lawyer and shall be preserved for a period <strong>of</strong> six years after termination <strong>of</strong> the representation.<br />

(b) A lawyer may deposit the lawyer’s own funds in a client trust account for the sole<br />

purpose <strong>of</strong> paying bank service charges on that account, but only in an amount necessary for<br />

that purpose.<br />

(c) A lawyer shall deposit into a client trust account legal fees and expenses that have been<br />

paid in advance, to be withdrawn by the lawyer only as fees are earned or expenses incurred.<br />

(d) Upon receiving funds or other property in which a client or third person has an interest,<br />

a lawyer shall promptly notify the client or third person. Except as stated in this rule or<br />

otherwise permitted by law or by agreement with the client, a lawyer shall promptly deliver<br />

to the client or third person any funds or other property that the client or third person is<br />

entitled to receive and, upon request by the client or third person, shall promptly render a full<br />

accounting regarding such property.<br />

(e) When in the course <strong>of</strong> representation a lawyer is in possession <strong>of</strong> property in which two<br />

or more persons (one <strong>of</strong> whom may be the lawyer) claim interests, the property shall be kept<br />

separate by the lawyer until the dispute is resolved. The lawyer shall promptly distribute all<br />

portions <strong>of</strong> the property as to which the interests are not in dispute.<br />

(f) All client trust accounts shall be governed by chapter 45 <strong>of</strong> the <strong>Iowa</strong> Court Rules.<br />

Comment<br />

[1] A lawyer should hold property <strong>of</strong> others with the care required <strong>of</strong> a pr<strong>of</strong>essional fiduciary.<br />

Securities should be kept in a safe deposit box, except when some other form <strong>of</strong> safekeeping is<br />

warranted by special circumstances. All property that is the property <strong>of</strong> clients or third persons,<br />

including prospective clients, must be kept separate from the lawyer’s business and personal property<br />

and, if monies, in one or more trust accounts. Separate trust accounts may be warranted when<br />

administering estate monies or acting in similar fiduciary capacities. A lawyer should maintain on<br />

a current basis books and records in accordance with generally accepted accounting practice and<br />

comply with any recordkeeping rules established by law or court order. See, <strong>Iowa</strong> Ct. R. ch 45.<br />

[2] While normally it is impermissible to commingle the lawyer’s own funds with client funds,<br />

paragraph (b) provides that it is permissible when necessary to pay bank service charges on that

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