Overview:
IOLTA/Trust accounting and fee agreements remain among the most frequent sources of disciplinary action, malpractice exposure, and client disputes. This course examines the ethical and practical mistakes lawyers commonly make when handling client funds and structuring fee arrangements, with particular relevance to estate planning, probate, business, and transactional practices.
The program addresses recurring trust-account issues, such as commingling, mishandling advances and retainers, flat-fee and evergreen retainer errors, credit-card and ACH pitfalls, and recordkeeping failures. It will also explore fee-agreement problems, including unclear scope, improper "nonrefundable" language, termination provisions, and conflicts that arise in fiduciary and estate representations.
The course will address the Model Rules of Professional Conduct, including: Model Rule 1.4 - Communication, Model Rule 1.5 - Fees, Model Rule 1.15 - Safekeeping Property. Using real disciplinary cases and ethics guidance, the course provides practical instruction on drafting compliant fee agreements, properly handling client funds, and implementing controls to reduce risk and protect both clients and lawyers.
Course Objective:
Identify key trust account rules and common compliance errors; draft enforceable fee agreements that meet ethical requirements; implement safeguards for handling client funds, retainers, and advanced fees to avoid disciplinary issues and protect your practice.
Target Audience:
Basic Knowledge:
no prior knowledge required