Who could sign checks and authorize withdrawals from a Minnesota law firm trust account?
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This page answers the general question as of 1983. Ezel answers yours: whether it's allowed on your facts, under the current rules of professional conduct in your state, with citations.
Plain-English summary
The opinion addressed who could sign for and authorize withdrawals from a law firm trust account. It required every lawyer in the private practice of law to provide, by appropriate direction, that every check, draft, or other withdrawal instrument drawn against a law firm trust account, or other similar or separate account holding client funds and property, be signed by at least one lawyer associated with the lawyer or law firm.
The opinion imposed a parallel direction requirement: no withdrawal from such an account could be made except at the direction of at least one lawyer associated with the lawyer or law firm.
The opinion notes that its requirement was incorporated into Rule 1.15(j) of the Minnesota Rules of Professional Conduct in October 2005.
Currency note
The Board flagged this opinion as Repealed effective January 26, 2006, when its requirement was incorporated into Rule 1.15(j) of the Minnesota Rules of Professional Conduct; it is retained here for historical research only.
This opinion was issued in 1983, before the Minnesota Supreme Court's adoption of the 2005 revisions to the Rules of Professional Conduct. Subsequent rule amendments or later opinions may have changed the analysis. Treat this page as historical context, not current guidance. Verify against current rules, including Rule 1.15(j), before relying on any specific requirement mentioned here.
Common questions
Q: Who had to sign checks drawn on a law firm trust account?
A: The opinion required that every withdrawal instrument be signed by at least one lawyer associated with the lawyer or law firm.
Q: Could a non-lawyer authorize a trust-account withdrawal?
A: No. The opinion required that no withdrawal be made except at the direction of at least one lawyer associated with the firm.
Q: Is this requirement still in the rules?
A: The opinion states its requirement was incorporated into Rule 1.15(j) of the Minnesota Rules of Professional Conduct in October 2005; verify the current rule text before relying on it.
Background and rules framework
The opinion addressed the safekeeping of client funds under what became Rule 1.15 of the Minnesota Rules of Professional Conduct (the analog of Model Rule 1.15). It required lawyer control over trust-account signatures and withdrawals. Adopted in 1983 and repealed in 2006, its substance was incorporated into Rule 1.15(j) in October 2005.
Citations and references
Rules of Professional Conduct:
- MR 1.15 (safekeeping property)
- Minnesota RPC 1.15(j) (lawyer signature and direction for trust-account withdrawals)
See also
- California Ethics Op. 1988-097: Non-Lawyer Signing Trust Account Checks
- Minnesota LPRB Ethics Op. 9: Trust Account Books and Records
Source
- Landing page: https://lprb.mncourts.gov/lawyers-professional-responsibility-board-opinions/
- Original PDF: https://lprb.mncourts.gov/wp-content/uploads/2024/10/Opinion-12_compressed.pdf
Original opinion text
Reproduced from the official source for research purposes. The linked source is authoritative.
LAWYERS PROFESSIONAL RESPONSIBILITY BOARD
Repealed: January 26, 2006
OPINION NO. 12
TRUST ACCOUNT SIGNATORIES
Every lawyer engaged in the private practice of law shall by appropriate direction provide that
every check, draft, or other withdrawal instrument drawn against a law firm trust account, or
other similar or separate account maintained by a lawyer or law firm for the deposit of client
funds and property, shall be signed by at least one lawyer associated with the lawyer or law firm.
Every lawyer engaged in the private practice of law shall by appropriate direction provide that no
withdrawal from a law firm trust account or other similar separate account maintained for the
deposit of client funds and property shall be made except at the direction of at least one lawyer
associated with the lawyer or law firm.
Adopted: May 6, 1983.
Repealed: January 26, 2006.
Related authorities and other resources: Incorporated into Rule 1.15(j), Minnesota Rules of
Professional Conduct (Oct. 2005); Brochure entitled Other People's Money available from the
Office of Lawyers Professional Responsibility.
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