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Is it Legal Malpractice to Withhold Monies From the Attorney’s Client Trust Fund Account?

Yes.  Does it matter how much was involved?  No.  Does it matter if it was only a few weeks?  No.

While it may seem obvious from the way we phrased the questions, it wasn’t so obvious to an attorney in Massachusetts, according to a recent case handed down by the Massachusetts Supreme Judicial Court.  In fact, for what should have been a simple albeit small matter, an attorney was sanctioned for violating the Massachusetts Rules of Professional Conduct.  Read more