Teri is a paralegal who works for a three-attorney law firm. Teri works mainly for Cheryl on family law and custody matters. David is a former client whose divorce was finalized about six months ago. One afternoon when Cheryl was in court, Teri received a call from David. David said that he really liked Cheryl’s work on his case and that he wanted to hire the firm for another matter. David asked if he could drop off a check that afternoon payable to the firm’s trust so that he could “withdraw” the funds at a later time. He said he wasn’t interested in receiving interest on the funds and would pay a reasonable fee for time the funds were in the trust account. From the answer choices listed below, what is Jan’s best response?
Explanation
Answer: A - Explain to David that a law firm trust account cannot be used to hold funds in the manner described-like a bank-and if he persists, offer to ask Cheryl to return his call. Answer A is the best choice because David, as a non-attorney, may not understand the purpose and permitted uses of a law firm trust account, but also refers David’s request to Cheryl if David persists. Answer B is not the best choice because, from David’s perspective, accepting the check could mean agreeing to provide the requested service. Answer C is not the best choice because the requested service is not a proper use of a law firm trust account and could involve the firm in illegal activity. Answer D is not the best choice because David may not be engaged in illegal activity (he may simply not understand the purpose and proper use of a trust account) and could take offense.
