The Lawyers’ Fund For Client Protection

Of the State of New York

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Trust Accounting and Recordkeeping Rules

· Rules of Professional Conduct (22 NYCRR Part 1200)

(Effective 4/1/2009) - (Rule 1.15 - Formerly DR 9-102)

· The Dishonored Check Notice Rule - Year 2001 Update (.PDF)

· Dishonored Check Notice Rule (22 NYCRR Part 1300).

· List of Approved Banking Institutions 22 NYCRR Part 1300.1 (January 2017)

· Escrow Funds of Missing Clients (22 NYCRR 1200, Rule 1.15 (f))

· Escrow Funds of Deceased Lawyers (22 NYCRR 1200, Rule 1.15 (g))

· VIDEO: Attorney Trust Account and Record Keeping (.WMV)

     PLEASE NOTE: This video was produced in 1996 and does not refer to subsequent changes in Court Rules regarding Mandatory Written Letters of Engagement and Mandatory Fee Arbitration. Links to these Court Rules are found below. (Please be patient, this is a large download).

· A Practical Guide to Attorney Trust Accounts and Recordkeeping

· Know Your Escrow Rights - The Lawyers Edition

· Opinion 90 - Deposit of Client Funds to Savings Account.

· Opinion 554 - Participation in IOLA.

· Opinion 570 - Deposit of retainer; Ownership of funds; Interest earned on advance fees.

· Opinion 575 - Duty to deposit realty escrow into interest-bearing account.

· Opinion 582 - Retention of interest from settlement.

· Opinion 680 - Credit lines; Attorney exchange accounts.

· Opinion 693 - Use of signature stamp by paralegal.

· Opinion 737 - Issuing attorney escrow account check against undeposited or uncleared bank or certified check.

· Opinion 759 - ATM deposits to Special Accounts.

New York State Bar Association Ethics Opinions

Practice of Law

· E-Courts - UCS Case Tracker.

· Written Letters of Engagement (22 NYCRR Part 1215)

· Statement of Clients Rights  

(From the Unified Court System- Eff. April 2013)

· Statement of Clients Responsibilities

(From the Unified Court System-Eff. April 2013)

· Attorney-Client Fee Dispute Resolution Program

(22 NYCRR Part 137).

 

Materials of Interest

· The Hidden Costs of Lawyer Regulation (.PDF)

· Appendix of CLE Materials for New York Lawyers (.PDF)

· Interest on Lawyer Accounts (IOLA) Statute

· Model Down Payment Escrow Agreement

· Conference of Chief Judges: A National Action Plan on Lawyer Conduct and Professionalism.

· ABA Model Rules for Client Protection Funds.

· Standards for Evaluating Lawyers Funds for Client Protection (From the National Client Protection Organization).

Ethics and Escrow Materials

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©New York State Lawyers Fund for Client Protection 1997-2010

All Rights Reserved

 

·Retainers and Closing Statements

 

Sample Pleadings:

 

Known Clients, Unable to Locate

 

Inactivity in Firm Account, Funds Remain to Unknown Clients

 

Attorney Retiring, Balance in Escrow Account to Unknown Clients

Sample Pleadings:

 

Attorney Deceased, Mixed Deposits to Known & Unknown Clients

 

Attorney Deceased, Appoint Successor Signatory & Deposit

 

Attorney Deceased, Order Permitting Successor to  Pay Lawyers’ Fund

 

Attorney Deceased, Order Directing Bank to Pay Lawyers’ Fund

Erie County Bar Association Ethics Opinion

#xx1- 01/15/04

The Lawyers’ Fund will accept missing client deposits of up to $1,000 without a court order.