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May 15, 2024

Lawyer Professional Responsibility

While Lawyer is on vacation and completely off the grid, a check in settlement of a client’s personal injury case is received at Lawyer’s office and deposited into the law firm’s trust account by Lawyer’s Legal Assistant, who is in charge of the office while Lawyer vacations. The 18-year-old client demands immediate disbursement of his undisputed share. The client’s parents contact Lawyer’s Legal Assistant, asking Legal Assistant to withhold the check because they fear their son will spend the money on drugs. Legal Assistant has independent evidence that confirms parents’ fear. Assuming that Lawyer left instructions to pay the client on receipt of the check but had no knowledge of the parents’ concerns:

May Legal Assistant disburse the check?

May Legal Assistant report the client’s drug use to criminal law enforcement authorities?

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