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Comments Off on Disposing of Escrow Funds Belonging to Missing Client
By Lazar Emanuel [Originally published in NYPRR August 2002] What are a lawyer’s obligations in either of the following circumstances? Example One: A law firm recovered a judgment in behalf of its client. The judgment provided for payment in annual...
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Comments Off on NYSBA Nixes Escrow Checks on Uncollected Bank Funds
By Lazar Emanuel [Originally published in NYPRR May 2001] Stage set: A typical house title closing. Present: The usual cast. Plot: Buyers have contracted to pay $250,000 for a one-family house in Queens. Seller’s attorney is holding the $25,000 con-...
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Comments Off on Primer on Trust Accounts — Don’t Use Money & Do Keep Records
By Sarah Diane McShea [Originally published in NYPRR April 2001] It may seem surprising that despite nearly two decades of vigorous enforcement of the rules governing escrow accounts, the leading offenses cited in suspension and disbarment cases in New...
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Comments Off on NYSBA Ethics Opinion on Escrow Fund
By Lazar Emanuel [Originally published in NYPRR February 1999] Summary of Opinion 710 — 11/6/98 (35-98) A lawyer has been holding an escrow fund after a real estate closing, to secure buyers against loss under a possible sidewalk violation assessment...
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Comments Off on Out-of-State Law Practice & Escrow Accounts: Ethics Opinions
By Roy Simon [Originally published in NYPRR December 1998] Recently, the New York State Bar’s Committee on Professional Ethics issued an opinion about a lawyer’s duties as an escrow agent, and the Nassau County Bar’s Professional Ethics Committee...