Practicing With Professionalism - South Carolina Bar Association

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or third persons whose funds have been so deposited; and the lawyer or law firm sh;111 have no right or claim to such interest. . C (2) Ifnot held in accounts with the interest paid to clients or third persons as provided in(e)(l), a lawyer or law firm shall·establish a pooled interestbearing insured depository account for funds of clients or third persons which are nominal in amount or are expected to be held for a short period of time in compliance with the following provisions: (a) No interest from such an account shall be made available to a lawyer or law firm. . .(b).The accouiIt shall include funds of clients or third persons which are.nominalin amount or are expected to be held for a short period of time. (c) Lawyers or law firms depositing funds in an interest-bearing insured depository ~ccountunderthis subparagraph (e)(2) shall direct the depository institution: (i) To remit interest, net any service charges or fees, as computed in accordance with institution's standard accounting practice, at least quarterly, to the Colorado Lawyer Trust Account Foundation; and (.' (ii) To transmit with each remittance to the Colorado Lawyer Trust AtcountFoundation a statement showing the name of the lawyer or law firm on whose account the remittance is sent and the rate ofinterest applied. The provisions ofthis subparagraph (e)(2) shall not apply in those instances where it is not feasible to establish a trust account for the benefit ofthe Colorado La",-yer TrustAccount Foundationfor reasons -beyond the control ofthe lawyer or lawfirm, such as the unavailability of a financial institution in the community which offers such an account. (3) Information necessary to determine compliance or justifiable reason for noncompliance with subparagraph (e)(2) shall be included in the annual attorney registration statemen.t. The Colorado Lawyer Trust Account Foundation shall assist the court in determining whether lawyers or law firms have complied in establishing the trust account required ~ndersubparagraph (e)(2).1f it appears that a lawyer or" law firm has not complied where it is feasible to do so, the matter may be referred to the disciplinary counsel for investigation and proceedings in accordance with C.R.C.P.241. ( 3
(1) Required Bank Accounts. Every attorney in private practice in this state shall maintain in a rmancial institution doing business in Colorado, in the attorney;s own name, or in the name of a partnership ofattorneys, or in the name of the professional corporation or limited liability corporation ofwhich the attorney is a member, or in the name ofthe attorney or entity by whom employed: (1) A trust account or accounts, separate from any business and personal accounts and from any fiduciary accounts that the attorney may maintain as executor, guardian, trustee, or receiver, or in any other fiduciary capacity, into which trust account or accounts funds entrusted to the attorney's care and any advance payment offees that has not been earned shall be deposited (excepfthat such a trust account shall not be required ifthe attorney does not ever receive such funds); and, (2) A business account into which all funds received for professional services shall be deposited. (3) One or more ofthe trust accounts may be the account or accounts described in Rule 1.15(e)(2), known as COLTAF (Colorado LAWYER Trust Account Foundation) accounts. (4) Other than fiduciary accounts maintained by an attorney as executor, guardian, trustee, or receiver, or in any other similar fiduciary capacity, all trust accounts,whether general or specific, as well as all deposits slips and checks drawn thereon, shall be prominently designated as a "trust account." Nothing herein shall prohibit any additional descriptive designation for a specific trust account. All business accounts, as well as all deposit slips and all checks drawn thereon, shall be prominently designated as a "professional account," or an "office account." The COLTAF account or accounts shall each be designated "COLTAFTrustAccount." (5) The name ofinstitutions in which such accounts are maintained and identification numbers ofeach account shall be-recorded on a statement filed with the annual attorney registration payment, pursuant to Rule 227(2). Such information shall be available for use in accordance with paragraph (g) ofthisRule. For all COLTAF accounts, the account numbers, the name the account is under, and the depository institution shall be indicated on the same statement. (6) A trust account shall be maintained only in financial institutions DOING BUSINESS IN COLORADOajJpfoved-bythe Regulation Counsel with policy guidelines by the Board ofTrustees ofthe Colorado Attorne:rs' Fund for Client Protection, which shall annually publish a list of such approved institutions. A rmancial institution shall be approved if it shall file with the Regulation Counsel an agreement, in a form provided, to report to the Regulation Counsel in the event any properly payable trust account 4
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Practicing With Professionalism Pre
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AGENDA 8:30: 9:00: 10:00: 10:15: 11
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BIOGRAPHICAL INFORMATION JOHN S. GL
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COLORADO SUPREME COURT OFFICE OF AT
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A Note Regarding Hearing Board Deci
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.Reproduced by permission of the Co
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2005 Access to Justice 27 Sally Mar
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Rule Change 2004(20) COLORADO RULES
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Rule Change 2004(20) COLORADO RULES
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FORM 8 - APPLICATION FORCLE CREDIT
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A. Information Regarding Assigning
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METROPOLITAN CONCILIATIONPANEL TROU
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DISRESPECT IN THE COURT: A JUDGE'S
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or pad of paper on the table or lec
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telephones. However, rather than te
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do, with the great public questions
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50 Things I Wish IWauld Have Learne
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20. Never turn in the first, second
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41. 42. 43. 44. 45. 46. 47. 48. 49.
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FORMING THE ATTORNEY CLIENT-RELATIO
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I. Forming the Attorney-Client Rela
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trust, the clients could avoid payi
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a. Those with whom you have a perso
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3. An attorney must explain the lim
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DURING.THE ATTORNEY-CLIENT RELATION
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II. During the Attorney-Client Rela
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2. The attorney-client· privilege
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RPC 1.4(a) and (b).) (suspension, s
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for or appear for trial and the cou
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o. People v. Holmes, 951 P.2d 477 (
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obtain the return of an automobile
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prepare corporate minutes authorizi
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asked the client to sign a reaffinn
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special use permit until the lender
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TERMINATION OF THE ATTORNEY-CLIENT
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· III. Withdrawallfermination from
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included improper collection of fee
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Defender in the pending case. This
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LAW OFFICE MANAGEMENT·
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V. Law Office Management: A. Prepar
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4. Bill only for work performed and
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G. Discipline may result from failu
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FEES AND FEE AGREEMENTS
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VII. Fee Agreements and Fees: A. Co
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(Attorney, representing another att
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a. The use of conversion clauses in
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·obtained in that lawsuit. It is p
Page 105 and 106: lUU:. Use or converSIOn clauses In
Page 107 and 108: 1UU: Use ot converSIOn clauses In c
Page 109 and 110: lVV: use or converSlOn Clauses m co
Page 111 and 112: 1vv: use or converSIOn clauses m co
Page 113 and 114: 1UU: Use ot converSIOn clauses 11)
Page 115 and 116: : Contmgent tee arrangement m ChIld
Page 117 and 118: 6'/: Contmgent tee arrangement m ch
Page 119 and 120: ~2: AssertIOn of attorney's retammg
Page 121 and 122: ~:L: AssertIon ot attorney's retamm
Page 123 and 124: 1$2: AssertlOn at attorney's retamm
Page 125 and 126: RULE 1.5 - FEES 1
Page 127 and 128: RULE 1.5 FEES Amended andAdoptedby
Page 129 and 130: A lawyer may require advance paymen
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Page 133 and 134: 1LL-' un Ketamers, .I:' lat .I:'ees
Page 135 and 136: TCL - Un Retamers, Flat Fees, and C
Page 137 and 138: TCL - On Ketamers, Flat Fees, and C
Page 139 and 140: TeL - On Retamers, Flat Fees, and C
Page 141 and 142: TRUST ACCOUNTS
Page 143 and 144: VI. Trust Accounts and Operating Ac
Page 145 and 146: B. Trust Account Bookkeeping 1. RUL
Page 147 and 148: Trust Accounts. and Operating.Accou
Page 149 and 150: evidence of knowing and intentional
Page 151 and 152: . People v. Barringer, 61 P.3d 495
Page 153 and 154: RULE 1.15 ~ SAFEKEEPING'PROPERTY 1
Page 155: RULE 1.15 SAFEKEEPING PROPERTY; INT
Page 159 and 160: into an account maintained under pa
Page 161 and 162: ofthe funds should be kept in trust
Page 165 and 166: PRIVATE CONDUCT
Page 167 and 168: IV. Private Conduct A. Colo. RPC 8.
Page 169 and 170: harassment and disorderly conduct f
Page 171 and 172: 3. False statements, intentional or
Page 173 and 174: . People v. Lowrey, 894 P.2d 758 (C
Page 175 and 176: ANCILLARY ISSUES
Page 177 and 178: VIII. Professionalism in the Practi
Page 179 and 180: warned to communicate through attor
Page 181 and 182: association and continued to do so
Page 183 and 184: A Lawyer's~Principl~s"-of Professio
Page 185 and 186: DBA PRINCIPLES OF PROFESSIONALISM \
Page 187 and 188: Professionalism byJerome J. Shestae
Page 189 and 190: The Scrivener: Modern Legal Writing
Page 191 and 192: )The Top Ten Insights that Court St
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