If you are like me, one of the first things you do while perusing the state bar journal is to flip quickly to the back and the scan the discipline pages. There is something that fascinates me about the stories of those attorneys that were unfortunate enough to get a public censure – or even disbarment in the most extreme circumstances. And it seems that almost every time an attorney gets disbarred it?s because they committed serious ethical violations when handling their client?s funds and trust accounts.
Because the mishandling of client funds is a top complaint in both legal malpractice cases and State Bar proceedings, Heather Rosing presents this course to show you how to ethically deposit, account for and disburse client funds so that you can properly navigate and comply with the complex & technical rules of client trust accounting. Subjects covered in this course: ethical rules & resources, state bar findings on trust accounts violations, preserving the identity of funds & the property of the client, ethically handling papers, property & fees when terminating the representation, IOLTA vs. Non-IOLTA trusts, helpful ethics opinions, co-mingling funds, the receipt & clearance of funds, advancing costs & fees, credit cards, non-client funds, loans from trust, fee disputes, trust as escrow or “holding account” and scams. While Ms. Rosing mainly bases her discussion on the ethics rules and opinions of California, the strategies and tips that she provides will benefit attorneys around the country.
The former President of the San Diego County Bar Association, Heather L. Rosing serves as the Chairperson of the Professional Liability Department overseeing a team of Klinedinst lawyers across the state of California in the defense of professionals such as lawyers and accountants. Ms. Rosing has developed a nationwide reputation for her experience and skill in litigating complex malpractice and fraud cases; in defending lawyers, accountants, and judges in disciplinary matters; and in delivering sound advice in the areas of ethics and risk management. Ms. Rosing also serves as a consultant and expert witness in the areas of fee disputes, professional responsibility, privileges, and attorney duties.