HCBA Lawyer Magazine Vol. 28, No. 3 | Page 68

the LegaL anD ethiCaL MinefieLD of trust aCCounting Solo & Small Firm Section Chairs: Amanda Uliano - Law Office of Amanda Uliano, P.A. & Matthew Crist - Crist Legal, P.A. I t is one of the most important aspects of the business side of law practice — and also the area that can get lawyers into the most trouble: Trust Accounts. On November 14, 2017, the Solo & Small Firm Section welcomed Don Smith of the law firm of Smith, Tozian, Daniel & Davis, P.A. to present a CLE on “Trust Accounting — Establishing, Managing and Maintaining a Compliant Trust Account.” In reviewing Rules 5-1 and 5-2 of the Rules Regulating the Florida Bar, Smith explained the basic requirements for maintaining a compliant trust account. First, a lawyer’s trust account records must include a journal of receipts and disbursements — or, simply, the list of the money coming in and the money going out. Second, a separate client ledger should be maintained for each client showing the monetary transactions specific to that client. Third, all back-up documentation should be retained, including bank statements, deposit slips that detail the client/matter information for each deposit, canceled checks (if your bank doesn’t provide them, find a bank that will), credit card receipts, and similar documents. Fourth, the trust account should be reconciled every month. This includes not only comparing the bank statements to the journal but also comparing the 66 Solo/Small Firm Section Co-Chairs Matthew Crist and Amanda Uliano with Don Smith, who presented a CLE to the section on trust accounting. An accused lawyer journal to the is not permitted to individual client the quickest and respond to the petition ledgers. Fifth, harshest way to until after the Supreme all trust account Court has entered its records, including be disciplined by order instituting the back-up the florida bar emergency suspension. documentation, Upon suspension, all must be is through trust bank accounts of the maintained for account violations. lawyer and the lawyer’s a minimum of firm are frozen — six years from operating as well as trust the date of the accounts. The suspended lawyer must last transaction for each client. provide notice of his suspension to all According to Smith, the quickest clients, courts, and banks. Further, and harshest way to be disciplined the lawyer cannot take on any by The Florida Bar is through trust new clients and must immediately account violations. As trust accounts suspend representing any current by their nature involve someone clients. If a client wishes to obtain else’s property, the penalties for funds being held in a frozen trust violations can be most severe. For account, the client must file a instance, Rule 3-5.2 of the Rules petition with the court-appointed Regulating the Florida Bar, which referee and provided sufficient provides for emergency suspension documentation of entitlement. of attorneys, has commonly been Any request for disbursement can invoked in situations involving trust take months to be authorized. account violations. The emergency The area of trust accounting suspension procedure is an ex parte can certainly be a legal and ethical proceeding instituted by the filing minefield for lawyers, but with the of a petition and supporting right policies and procedures in affidavits by The Florida Bar place, lawyers and firms can be demonstrating facts that, “if assured to make it through safely. unrebutted, would establish clearly and convincingly that a lawyer Author: Amanda M. Uliano - Law appears to be causing great public Office of Amanda M. Uliano, P.A. harm.” Rule 3-5.2(a)(1). JAN - FEB 2018 | HCBA LAWYER