- Quickdraw McLaw
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- Here’s the latest on the Boulder City crosswalk case and their attempt to disqualify Judge Richard Scotti. [BCR]
- Editorial: even lawyers have first amendment rights. [RJ]
- President Trump intends to nominate former Attorney General William Barr to serve as Attorney General. [KNPR]
- Are the Big 4 preparing to take over big law? [Law.com]
The BCR is a shameless rag for the cabal of good ol' boys in BC.
Aside from the merits of the case, it's absolutely shameful the way that Boulder City has spent so much in tax dollars fighting this.
Another attorney misappropriating funds (allegedly). Case No. 77460 …. ugh
Just read through that. I am currently just an associate without any access to or responsibilities for the IOLTA account. However, my boss and mentor (and all the discipline I read) have convinced me that when I do assume that responsibility, I will absolutely do the following:
1. Hire a CPA firm familiar with IOLTA accounts to regularly reconcile my IOLTA account.
2. I will absolutely not give any of my assistants or paralegals any access of any kind to withdraw or deposit funds.
3. I will personally and frequently review the books to make sure everything is fine.
4. I will promptly pay out settlement monies to clients and other third parties.
5. I will never, ever pay myself from the IOLTA account until an invoice has been sent to the client, or where necessary/appropriate there is a court order approving my fees.
You missed one.
6. Answer the &^%$#*@ letter(s) that the State Bar sends to you.
7. Make sure you don't pay the client more than the case actually settled for. WTF?
A couple of additional suggestions:
Never disburse settlement funds until the settlement check deposit has cleared the banks (normally 7-10 days but check with your bank). Disbursing prior to that is actually engaging in a shell game of using one client's property (money) to pay for another and then replacing the funds of the former with the proceeds of the latter.
In cases such as contingency fee where there are not regular invoices and opportunity to object, have the client sign-off on the disbursement sheet specifying all disbursements to be made out of the proceeds (theirs, yours, third parties, vendors, costs, etc.). The disbursement sheet should fully account for all funds.
You also missed # 7. Defend yourself when the State Bar falsely charges you with misappropriation even though you did numbers 1 through 6. Think it doesn't happen? You must be very, very new.
Oh no it absolutely happens and it happens all of the time. All of the time. BTW: should the SBN decide to audit your accounts and find nothing, you still pay for the audit which averages between $4500 and $7500 (contrary to the BS Gene Leverty was peddling last year).
I hear Carson City is so lovely this time of year.
It is up there with Duluth. Honeymoon country.
Anyone got to the Eglet Prince bash last night?
Saw some pictures on Twitter and Instagram, loved the Victorian hairstyles.
Botox. Botox everywhere.