May 5, 2025 |
Ethics, Trust Accounting
Trust Account Ethics Opinions
The Florida Bar Ethics Department has written more than a dozen advisory opinions on trust accounts:
- Charging fees and expenses from two cases against settlement received in one case 62-15
- Checks identifying lawyer as lawyer 65-14
- Costs advances from client placed in trust account 93-2
- Disclosing possession of client’s funds to client’s creditors 60-34
- Disclosing trust account records to third parties 72-3, 93-5, 12-4
- Disputed funds held in trust 02-4, 02-6
- Fees, which to place in trust accounts 93-2
- Funds held for a “specific purpose” 82-2, 87-12
- IRS demands records 72-3
- Keeping client funds in several accounts to ensure complete FDIC coverage 72-37
- Nonlawyer employee as a signatory 64-40, 64-40 (Rec)
- Nonrefundable retainer 93-2
- Payment Apps 21-2
- Placing client funds in interest-bearing deposits with interest going to law firm 72-13
- Settlement proceeds deposited directly info account in client’s name 00-2, 00-2 (Rec)
- Title insurance company requests agent’s records for audit 93-5, 12-4
- Writ of garnishment served on attorney 66-78
Please note that ethics advisory opinions are not binding. Call the Ethics Hotline at 800-235-8619 if you have questions about any of these opinions.
See also: Billing for Professional Fees, Disbursements and Other Expenses, ABA Ethics Formal Opinion 93-379
VIEWS AND CONCLUSIONS EXPRESSED IN ARTICLES HEREIN ARE THOSE OF THE AUTHORS AND NOT NECESSARILY THOSE OF FLORIDA BAR STAFF, OFFICIALS, OR BOARD OF GOVERNORS OF THE FLORIDA BAR.
