Jan is a paralegal employed by Curley & Moe, a mid-size law firm. Her supervising attorney is Bob. Bob is representing Gil in the sale of the manufacturing division of Gil’s business. Jan is aware that, pursuant to the purchase and sale agreement, Curley & Moe is holding $75,000 in its trust account. Curley & Moe has procedures for handling client money and deposit of fees, and those procedures include using a check request form to obtain checks for payment of funds out of the firm’s trust account. However, all accounts are overseen by a senior partner, and only two senior partners are signatories on the trust account. Under the purchase and sale agreement, the $75,000 can be released to Gil when all assets of the manufacturing division have been transferred to the purchaser. After a month of work, all of the assets have been transferred. Jan’s supervising attorney has asked Jan to submit a check request to the office manager and obtain a check payable to Gil in the amount of $75,000. From the answer choices listed below, what is Jan’s best response?
Explanation
Answer: C - Prepare the check request according to office procedure, obtain the check for Gil, and inform her supervising attorney as soon as she has the check. Answer C is the best choice because routine office procedures have been established, the trust account is supervised by a senior partner, and the signatories on the account are attorneys. Answer A is not the best choice because the procedures and trust account supervision do not violate the ethics rules. Answer B is not the best choice because Jan has not been instructed to have the check given to her supervising attorney and he or she will not be expecting it. Answer D is not the best choice because routine office procedures have been established, and if any doubt exists, Jan can check the ethical rules and opinions herself.
