Keep client property separate from the lawyer's own property to protect the client's interests.

Keeping client property separate from a lawyer's own assets protects funds, upholds fiduciary duties, and preserves trust. This standard prevents commingling, enhances transparency, and supports ethical handling of client resources, showing clients that their matters stay secure and respected. Trust.

Outline to guide the piece

  • Hook and context: Why safeguarding client property isn’t just a rule; it’s trust in action.
  • The core rule explained: Keep client property separate from the lawyer’s own property (the heart of the safekeeping requirement).

  • Why this matters: Fiduciary duty, transparency, and real-world consequences of commingling.

  • Quick take on the other options: A, C, and D are not just wrong—they create real risks.

  • How to do it well: Practical steps lawyers can take to meet the standard (trust accounts, clear records, regular reconciliations, and controls).

  • Common pitfalls and safeguards: What tends to trip people up and how to head them off.

  • Everyday relevance and closing note: A quick recap and a sense of professional responsibility in practice.

Keep client property separate: the core idea, big impact

Let me explain it plainly: when a lawyer handles money or other property that belongs to a client, that property must stay distinct from the lawyer’s own stuff. This isn’t a suggestion or a nice-to-have—it’s a fundamental obligation. In the Model Rules of Professional Conduct, the safekeeping property rule is all about trust. Clients expose their deepest concerns and hopes to their lawyers. In return, lawyers owe them a fiduciary duty to protect what’s theirs, not mix it with personal funds or assets.

Think of it like a bank vault with two doors: one for the client’s valuables and one for the lawyer’s. The door to the client’s vault has to stay closed to any personal goal or expense. The door to the lawyer’s own accounts is a separate space. When you keep client property in a dedicated trust or escrow arrangement, you’re showing that you take that responsibility seriously—and you’re making it harder for missteps to happen.

Why this matters beyond the rulebook

This separation isn’t just about avoiding a citation or a punitive consequence. It’s about trust, clarity, and efficiency in legal work. When funds are mingled, it becomes harder to track what belongs to whom, and who gets paid what. Mistakes can escalate into disputes, delays, or worse—misappropriation claims. Clients deserve to know their money is being handled with scrupulous care. For lawyers, the payoff is straightforward: fewer headaches, better client relationships, and a cleaner professional reputation.

The fallacy of the other options (A, C, D)—why they don’t hold up

Option A would mix client and personal funds for “ease of access.” That’s a tempting shortcut, but it’s exactly what the safekeeping rules guard against. When you blur lines between personal and client property, you’re inviting muddled records, unexpected deficits, and the perception that you can dip in where you shouldn’t.

Option C says you can just maintain paperwork. Paperwork matters, of course, but without proper separation of funds and property, the paperwork can’t fix the underlying problem. You can have the most meticulous ledger in the world, but if the funds aren’t in a separate trust account, the integrity of the property remains compromised.

Option D suggests delivering funds to the client only upon request. That’s not just awkward in practice; it’s a sign of a mismanaged flow. The safekeeping framework expects proactive stewardship: timely deposits, careful disbursements, and transparent accounting. Delays or ad hoc releases undermine trust and create suspicion about whether funds are being held properly.

What “separate property” looks like in real life

  • A dedicated client trust account: Funds belonging to clients live here, separate from the lawyer’s operating account. It’s the cornerstone of good safekeeping practice.

  • Clear labeling and recording: Each client’s funds should be traceable, with precise records showing deposits, disbursements, and current balances.

  • Regular reconciliations: Reconcile the trust account against the client ledger at least monthly. Any discrepancy deserves immediate attention and explanation.

  • Documentation for every move: Receipts, invoices, and notices should accompany every transaction, so the trail is unambiguous.

A simple, practical blueprint to follow

  • Set up a separate trust account for client funds. If your jurisdiction has an IOLTA program or a similar arrangement, follow the local rules for where and how to hold funds.

  • Maintain a robust ledger that matches the trust account activity. Each client’s balance should be visible and auditable.

  • Do not borrow from the trust account for personal expenses, even temporarily. If funds are needed, they should be requested as a disbursement and properly documented.

  • Limit access to the trust account. Fewer hands on the money means fewer chances for error or misconduct.

  • Implement a routine review, ideally by a supervisor or a designated compliance person. A second set of eyes helps catch issues early.

  • Communicate clearly with clients about how their funds will be held, when they’ll be disbursed, and how they’ll be accounted for. Transparency reduces surprises.

A quick mental checklist you can carry into daily practice

  • Are client funds in a separate account, clearly labeled as trust or escrow?

  • Are all deposits and withdrawals supported by records and receipts?

  • Is every client’s balance shown in the ledger and reconciled against the trust account?

  • Is access to the trust account restricted and monitored?

  • Are disbursements made promptly and with proper authorization?

Because the stakes are real

The consequences of getting this wrong aren’t abstract. A misstep can lead to disciplinary action, claims of misappropriation, and erosion of client trust. The cost isn’t just financial; it’s professional credibility. And once trust is damaged, rebuilding it takes longer than the initial transaction took to complete. That’s a lesson worth remembering every time you handle a client’s money or property.

A small digression that reinforces the point

You’ve probably heard people say: “We’re in this for the long game.” Safekeeping property is a perfect example of that mindset. It’s not about a single transaction; it’s about the ongoing discipline of practice. Imagine you’re stewarding someone’s life savings or a crucial settlement. You wouldn’t want to hedge your bets with a mixed account or vague records. You’d want clarity, accountability, and a system you can explain to someone who trusts you with their future. That’s the essence of the safety net these rules provide.

Common misconceptions that trip people up

  • Believing that a simple checklist is enough without a separate trust structure. The account itself is part of the accountability framework.

  • Thinking that good paperwork makes up for careless handling. The ledger is essential, but it only works if the funds actually live where the ledger says they live.

  • Assuming occasional lapses won’t be noticed. In the end, consistency is what protects both client and attorney.

Putting ethics into everyday practice

Here’s the thing: ethics aren’t about dry, abstract ideals. They’re about how you show up in real moments—when a client asks for an account statement, when a settlement is reached, or when you’re asked to release funds for a closing. The safekeeping rule is a compass for those moments. It nudges you toward clarity, promptness, and respect for the client’s property. It’s not a barrier to doing good work; it’s a framework that makes good work possible.

A closing thought

Let’s recap in a single breath: in the world of law, client property deserves its own space—an independent home in a trusted accounts setup. Keeping client property separate from the lawyer’s own property is the practical expression of fiduciary duty, transparency, and professional integrity. The other options aren’t just less ideal; they undermine trust at its most fundamental level.

If you carry this mindset into every file, you’ll find that the work feels more straightforward, more responsible, and more trustworthy. And isn’t that what good lawyering is all about? Protecting clients’ interests with care, from the first deposit to the final disbursement, every single time.

In short: separate property, clean records, clear accountability, and a steady commitment to the fiduciary responsibility that underpins the profession. That’s the standard. That’s the path. And it’s something you can live by in every client matter.

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