2 thoughts on “Trust Account Trap for the Unwary

  1. The moral to the story is to make it clear to the client that if the client wants his/her credit card payment to be made, and, if there are funds in the client’s account sufficient to make any such payment, that then , the lawyer will cause a client’s account check in the amount of the payment then due to be made payable to the client and then the client can utilize his/her funds so provided to the client by Counsel with which to make the credit card payment himself/herself howsoever he/she might be able to do so. Counsel should make it clear to the client that Counsel will, under no circumstances be himself/herself be responsible for paying on a client’s credit card out of trust account funds. As per the example cited above, Counsel is only needlessly asking for potential trouble when Counsel finds himself/herself in the position of having to pay on a client’s credit card out of Trust Account funds.

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