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The Ethics of
Practice Management


Beverly Michaelis  Sheila Blackford  Dee Crocker
Trust Accounting




               Beverly Michaelis, J.D.
        Practice Management Advisor
What is at Stake?
Our Topics
 6 Key Concepts
 Protecting Client Money
 Resources
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
Oregon State Bar

• Ethics Opinions
• Bar Counsel Article Archive
• Ethics Advice

    (503) 620-0222 or (800) 452-8260
             www.osbar.org
Beverly Michaelis
                               Dee Crocker
                            Sheila Blackford

 Practice Aids
 Books
 CLEs
 Practice Management Help

      503-639-6911 or 800-452-1639
            www.osbplf.org
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

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The Ethics of Practice Management