An attorney, a newly licensed sole practitioner, opened a trust account at a local bank into which she deposited a check from a
client that constituted an advance payment for future legal services to be rendered by the attorney. Subsequently, the attorney also deposited her own funds into the account in order to pay bank service charges on the account. The attorney did not deposit into the trust account an engagement fee received from another client. The engagement fee represented payment to the attorney for accepting the case, being available to handle the case, and agreeing not to represent another party in the case. The fee did not require the attorney to perform additional legal services. The attorney maintained records related to all account transactions in accordance with the state rules of professional conduct, which are identical to the ABA Model Rules of Professional Conduct. Is the attorney subject to discipline with regard to her actions concerning the trust fund account
Based on the information given in the question, it should be noted that the attorney will not be subjected to discipline regarding her actions concerning the trust fund account.
The reason why the attorney won't be subjected to any discipline is because the property of the client was kept by the attorney properly and it was separated from her own property. Also, necessary records were maintained by the attorney.
In conclusion, the attorney is not subject to discipline with regard to her actions concerning the trust fund account.
