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NYLER Archive •
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Comments Off on Hygiene for Trust Accounts: Time for a Check-Up?
By Janis M. Meyer Any law student who has taken a legal ethics course knows that converting or otherwise misappropriating the funds of a client or third party entrusted to a lawyer’s care provides a surefire route to suspension or disbarment. The logical...
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NYPRR Archive •
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Comments Off on Protecting Client Funds When A Lawyer Dies
By Lazar Emanuel [Originally published in NYPRR November 2002] The case of Hynes v. Citibank, NA [Sup. Ct., Queens Cty., Oct. 2002], outlines the procedure to follow when a single practitioner dies leaving undisbursed client funds in his attorney...
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Comments Off on Lawyer Charged with Interest on IOLA Deposit
By Lazar Emanuel [Originally published in NYPRR November 2002] Attorney Skidmore represented plaintiff mother and her two children in the sale of a home in which all three had an interest. $84,613.92 of the sales proceeds were the property of the...
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NYPRR Archive •
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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 IOLA Accounts: Are Deposits Mandatory — Exchange of Views
By Lazar Emanuel [Originally published in NYPRR January 1999] [Editor’s note: NYPRR Nov. 1998 published an article by Joseph S. Genova, “IOLA After Phillips: Clearing Up Some Misconceptions.” (Part 2 was published in NYPRR Dec. 1999.) We received...
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Comments Off on IOLA After “Phillips”: Part 2
By Joseph S. Genova [Originally published in NYPRR December 1998] In Phillips v. Washington Legal Foundation, decided in June 1998, a bare majority of the U.S. Supreme Court said that interest earned on client funds held in IOLTA accounts maintained by...
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Comments Off on IOLA After “Phillips”: Part 1 — Clearing Up Some Misconceptions
By Joseph S. Genova [Originally published in NYPRR November 1998] In this article, I examine the Supreme Court’s decision in Phillips v. Washington Legal Foundation [118 S. Ct. 1925; 1998 U.S. LEXIS 4003 (1998)], which has been widely but incorrectly...
