Trust account problems remain one of the top reasons attorneys are disciplined in the U.S. Certainly, there have been and will continue to be attorneys whose trust accounting activities are egregious and, in some situations, criminal. However, this does not account for all the problems. Far too often, an attorney was less than diligent about maintaining proper and appropriate financial practices in the office, and things simply got out of hand. This program will start with a discussion of trust accounting basics, address common missteps lawyers make, and share best practices to help attorneys stay on the right path.
A Sampling of Attendee Takeaways:
- An explanation of the basics of setting up and maintaining a client trust account
- An awareness of the importance of attorney oversight of client property coupled with the details of how to accomplish this
- An understanding of the common missteps that others make
- How a misunderstanding of banking terms and practices can lead to problems
- Knowledge of how to avoid becoming a victim of wire fraud
- A Quick Review of Trust Accounting Basics
- IOTLA discussion
- Complying With Rule 1.15 Safekeeping Property
- A review of key obligations
- The Ethical Missteps Lawyers Make
- True life stories highlighting how others have gotten into ethical trouble
- How To Avoid the Common Problems
- Retainers and disbursements, client education, and interest-bearing accounts
- The Reconciliation Process
- Explanation of the process to include the need to do a double reconciliation
- Day-to-Day Practice Tips
- Audit trails, checkbook best practices, and undeposited checks
- Back Office Best Practices
- Avoiding the trusted staff trap and other practical tips
- Wire Fraud, Vishing Attacks, and Counterfeit Check Scams
- Questions & Answers (as time permits)
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Status: Approved
Credits: 1.00 Legal Ethics
Status: Approved
Credits: 1.00 Ethics
Status: Approved
Credits: 1.00 Legal Ethics/Professional Responsibility
Difficulty: All Levels
Status: Approved
Credits: 1.00 Legal Ethics/Professional Responsibility
This presentation is approved for one hour of Legal Ethics CLE credit in California, one hour of Ethics CLE credit in North Carolina, and one hour of Legal Ethics/Professional Responsibility CLE credit in South Carolina (all levels). This course has been approved for Minimum Continuing Legal Education credit by the State Bar of Texas Committee on MCLE in the amount of 1.00 credit hours, of which 1.00 credit hours will apply to Legal Ethics/Professional Responsibility credit.
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ALPS Insurance
Since 1998, Mark Bassingthwaighte, Esq., has been a Risk Manager with ALPS, the nation’s largest direct writer of lawyers’ malpractice insurance. In his tenure with the company, Mr. Bassingthwaighte has conducted over 1200 law firm risk management assessment visits; presented over 650 continuing legal education seminars throughout the United States; and written extensively on risk management, ethics, and technology. Mr. Bassingthwaighte is a member of the State Bar of Montana as well as the American Bar Association where he currently sits on the ABA Center for Professional Responsibility’s Conference Planning Committee.