Also known as: other properties
Written by attorneys · grounded in primary & secondary sources — see below
Property belonging to a client or third person that a lawyer holds in connection with a representation. The lawyer must keep it separate from the lawyer's own property, identify it as such, and safeguard it appropriately while maintaining complete records.
Select any source to read its text and confirm it supports the definition.
Odette Orozco delivers original stock certificates and a settlement check to her lawyer for safekeeping during litigation. The lawyer places the certificates in a locked file drawer labeled with Odette's name and deposits the check into the client trust account rather than the firm's operating account. This separation ensures the items remain identifiable as client property and protected from the lawyer's creditors or personal use.
A lawyer receives a check payable to a client and a lienholder medical provider. The lawyer deposits the funds into the trust account, promptly notifies both parties, and distributes the money only after receiving their agreement while keeping full records.
A client delivers valuable original deeds to the lawyer during a real-estate dispute. The lawyer places the deeds in a clearly labeled safe-deposit box, maintains an inventory, and returns them upon conclusion of the matter.
After settlement the lawyer holds both cash and physical stock certificates belonging to the client. The lawyer keeps the certificates in a separate locked cabinet, records serial numbers, and supplies a written accounting when the client requests it.
A lawyer receives a package containing jewelry that belongs to a third-party witness. The lawyer immediately notifies the witness, stores the jewelry in the firm's safe, and delivers it once the witness signs a receipt.
Owen Ortega receives a settlement check made payable jointly to his client and a medical provider. He promptly notifies both parties, deposits the check into the trust account, and upon their agreement distributes the funds while providing a full accounting of the disbursement on request.
The lawyer must hold them separate from the lawyer's own property, identify them as client or third-party property, safeguard them, and keep complete records. Prompt notice and delivery to the entitled party are also required upon request.
Supporting sources
…better or for worse. When the lease was near its end, Elbridge T. Gerry had become the owner of the reversion. He owned much other property in the neighborhood, one lot adjoining the Bristol Building on Fifth avenue and four lots on Forty-second street. He had a plan to lease the entire tract for a long term to some one who…