Rule 1.15New York Rules of Professional Conduct / ABA Model Rules

Safekeeping Property (Client Funds)

Rule Text

A lawyer shall hold property of clients or third persons that is in the lawyer's possession in connection with a representation separate from the lawyer's own property. Funds shall be kept in a separate account.

What Constitutes a Violation

Rule 1.15 violations — mishandling client funds — are among the most serious ethics violations in the profession. The rule requires attorneys to maintain client funds in separate IOLTA (Interest on Lawyers Trust Accounts) accounts, to keep accurate records, never to commingle client and personal funds, and to promptly deliver client funds when due. Violations range from technical commingling (keeping client and personal funds in the same account without theft) to outright theft of client funds for personal use. Even technical violations are treated seriously because the rule is designed to protect client funds from any risk of attorney misconduct.

Typical Discipline

Rule 1.15 violations, particularly those involving actual misappropriation of client funds, are among the leading causes of disbarment. Even technical commingling without theft typically results in public discipline. Misappropriation — using client funds for personal purposes — almost invariably results in suspension or disbarment and may also result in criminal prosecution. Many states maintain Client Protection Funds to reimburse victims of attorney theft.

Did Your Attorney Violate Rule 1.15?

If you believe your attorney violated Rule 1.15Safekeeping Property (Client Funds) — you may have grounds for a bar complaint. Our guide explains the process.

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