This program addresses the most common ethical pitfalls attorneys face when managing IOLTA accounts and drafting fee agreements. It will walk through the Model Rules of Professional Conduct that govern trust account handling, explore the distinctions between qualified and non-qualified funds, and examine real-world examples of fee agreement failures. By the end of this session, you will have practical guidance for maintaining compliant IOLTA practices and creating clear, enforceable fee agreements.
- Overview of Topic and Goals
- Learning objectives and an overview of session
- IOLTA Fundamentals & Rule 1.15
- What IOLTA is
- Why it matters
- Model Rules of Professional Conduct governing trust accounts
- Fund Types & Account Management
- Qualified vs. non-qualified funds
- Comingling prohibitions
- Overdraft notification requirements
- Fee Agreement Essentials
- Rules 1.5, 1.4, and 7.1
- When and why written fee agreements are required
- Common pitfalls to avoid
- Best Practices & Special Fee Scenarios
- Handling flat fees and earned-upon-receipt fees
- Disengagement letters
- What to do when things go wrong
- Q&A (As Time Permits)
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* CLE credit is only available to Justia Connect Pro members.
Attorney Daniel J. Siegel is a nationally recognized authority on legal ethics, technology, data protection, cybersecurity, civil litigation, workers’ compensation, and law-practice workflow management. He is the principal of both the Law Offices of Daniel J. Siegel, LLC and Integrated Technology Services, LLC, where he addresses the complex legal, ethical, and operational issues that frequently challenge lawyers and law firms. Read More ›
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Status: Approved
Credits: 1.00 Ethics
Status: Approved
Credits: 1.00 Ethics
Status: Approved
Credits: 1.00 Legal Ethics
Status: Approved
Credits: 1.00 Ethics
Status: Approved
Credits: 1.00 Professional Responsibility - Ethics / Civility / Professionalism / Sexual Harassment Prevention
Status: Approved
Credits: 1.00 Legal Ethics
Status: Approved
Credits: 1.00 Ethics and Professionalism
Status: Approved
Credits: 1.20 Ethics
Status: Approved
Credits: 1.00 Professional Responsibility
Status: Approved
Credits: 1.00 Ethics and Professional Conduct
Status: Approved
Credits: 1.20 Ethics/Professionalism
Status: Approved
Credits: 1.00 Ethics
Status: Approved
Credits: 1.00 Attorney Professional Conduct
Status: Approved
Credits: 1.00 Ethics, Professionalism, or Substance Abuse
Status: Approved
Credits: 1.00 Legal Ethics
Status: Approved
Credits: 1.00 Legal Ethics/Professional Responsibility
Status: Approved
Credits: 1.00 Ethics
Status: Approved
Credits: 1.00 Ethics
Status: Approved
Credits: 1.20 Legal Ethics, etc.
This presentation is approved for one hour of Ethics CLE credit in Alabama, one hour of Ethics CLE credit in Alaska, one hour of Legal Ethics CLE credit in California, one hour of Ethics CLE credit in Hawaii, one hour of Professional Responsibility - Ethics / Civility / Professionalism / Sexual Harassment Prevention CLE credit in Illinois, one hour of Legal Ethics CLE credit in Louisiana, one hour of Ethics and Professionalism CLE credit in Maine, one hour of Ethics CLE credit in Missouri, one hour of Professional Responsibility CLE credit in Nebraska, one hour of Ethics and Professional Conduct CLE credit in Nevada, one hour of Ethics CLE credit in North Carolina, one hour of Attorney Professional Conduct CLE credit in Ohio, one hour of Ethics, Professionalism, or Substance Abuse CLE credit in Pennsylvania, one hour of Legal Ethics CLE credit in Rhode Island, one hour of Ethics CLE credit in Utah, one hour of Ethics CLE credit in Vermont, and one hour of Legal Ethics, etc. CLE credit in West Virginia. This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 1.20 hours of total CLE credit. Of these, 1.20 qualify as total hours of credit for Ethics/Professionalism. 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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