LEO: Escrow/Trust Account - Funds o  LE Op. 734


Escrow/Trust Account - Funds of

Client - Assignment - Payment

of Attorney's Fees.


November 1, 1985


Although the Standing Committee on Legal Ethics does not undertake to

render advice in regard to the legality of the endorsement of the check,

absent a power of attorney but pursuant to an irrevocable assignment, an

attorney may endorse as a client's attorney-at-law or as a client's

assignee a check made payable to the client and apply the proceeds of the

check to legal fees owed by the client to the attorney. However, the

attorney must also satisfy the requirements of DR:9-102(B)(1) and (B)(3)

by sending to the client's last known address a notice and an accounting

of the receipt of the check and the accounting must include the intended

application of the proceeds to the client's financial obligation to the

attorney. Thereafter, when the attorney is satisfied that the notice is

not deliverable, the attorney may transfer the assigned funds to the

attorney to the extent that the attorney is entitled to those funds by

such assignment. [ DR:9-102(B)(1) and (3)]


Committee Opinion November 1, 1985