the ethics of practice management

Beverly Michaelis Sheila Blackford Dee Crocker

The Ethics of

Practice Management

Trust Accounting

Beverly Michaelis, J.D.

Practice Management Advisor

What is at Stake?

6 Key Concepts

Protecting Client Money

Resources

Our Topics

6 Key Concepts

Concept #1

Unearned Money Belongs in Trust

1. Retainers

2. Settlement Proceeds

3. Overpayments

Concept #2

Deposit Funds Promptly

Deposit Daily

Protect After Hours

Issue Receipts for Cash

Concept #3

Don’t Spend What You Don’t Have

1. Funds Must Clear

2. Follow the 3-5-10 Rule

3. Be Wary of Check Scams

Concept #4

Account to the Client

Concept #5

Beware of Nonrefundable Fees

Put it in Writing

“Earned Upon Receipt”

Refund if Work not Done

Dishonest?

Concept #6

Strict Liability Applies

Every lawyer shall certify annually

that the lawyer is in compliance with

Rule 1.15-1.

ORPC 1.15-2(m)

Protecting Client Money

To Catch a Thief

1. Endorse and Lockup

2. Protect Credit Card Numbers

3. Cancel Invoices

4. Supervise Staff

5. Learn More

Resources

• Ethics Opinions

• Bar Counsel Article Archive

• Ethics Advice

(503) 620-0222 or (800) 452-8260

www.osbar.org

Oregon State Bar

Practice Aids

Books

CLEs

Practice Management Help

503-639-6911 or 800-452-1639

www.osbplf.org

Beverly Michaelis

Dee Crocker

Sheila Blackford

Trust Accounting

for Solos

Conclusion

1. Remember What is at Stake

2. Follow Proper Procedures

3. Call if you Need Help

How Will You Benefit?

1. Ethical Obligations Met

2. Finances in Order

3. Fewer Fee Disputes

4. No More Sleepless Nights