Q. As the new managing partner of our firm, I have no idea how to manage our trust account. What must I do to comply with the rules?
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Posts on Managing Law Firm Finances and Protecting Client Funds
Q. I took a complicated contingency case to trial and lost. Now my client wants me to appeal the verdict for free. Must I?
Q. I settled a weak case for $30,000, and got my client's medical bills reduced to $15,000. But my client is angry that he's "netting a measly $5,000," won't let me pay his doctors, and objects to my one-third fee. What should I do?
Q. I've always heard that referral fees are forbidden. But I know lawyers who routinely refer cases for a share of the profit, even if they're not licensed where the cases are pending. Isn't this unethical?
Q. Unhappy with my client's engineering work, a huge contractor ignored my demand for payment of a $150,000 bill. It's a small sum to the contractor, but a lot of money for my client to lose. With more documents than cash on hand, my client wants to sue and fight "on principle." How should I engineer this?
Q. After ten months of discovery in a complex civil case, my client fired me for "taking too long" and refused to pay her bill. Now, her new lawyer has asked me for the file. May I keep it until I get paid?
Q. After lengthy litigation, we recently collected a large outstanding bill from a client who filed a frivolous counterclaim against us for malpractice. To prevent this from happening again, may we require binding arbitration in future retainer agreements?
Q. I'm ashamed to admit that I don't know how to balance my own checkbook. Knowing that banks are reporting overdrafts to the grievance board, I'm terrified of bouncing a check on my trust account. May I keep some extra money in the account just to be safe?
Q. I may not have enough business to justify a credit card merchant account. But apps like Paypal and Venmo let my clients send fees and retainers online. Are such payments allowed?
Q. I charge an "engagement fee" in divorce cases. My retainer provides that this $1,000 fee is "non-refundable" and "earned upon receipt." If nothing else, this ensures that I won't represent the other side. Must I put this fee in my trust account?