May a Missouri lawyer deposit a check into a trust account by sending a photograph through the bank's website or app?

Plain-English summary

Rule 4-1.6(c) requires reasonable efforts to prevent unauthorized access to or disclosure of client information. An electronic check image may be transmitted when the bank's site or application provides reasonable security.

The lawyer must also be able to maintain the records required by Rule 4-1.15(f)(1), (2), (7), and (8). Rule 4-1.15(a)(4) requires the electronic-deposit records to identify each deposited check in sufficient detail.

In practice

Under this opinion, electronic deposit is permitted only when security and record detail are both adequate. Convenience does not replace either confidentiality safeguards or trust-account documentation.

Common questions

Q: Are mobile trust-account deposits categorically prohibited?

A: No. The opinion permits them with reasonable security and compliant records.

Q: What confidentiality rule applies?

A: Rule 4-1.6(c)'s duty to make reasonable efforts against unauthorized access or disclosure.

Q: What must the deposit records show?

A: Sufficient detail for each check deposited, consistent with Rule 4-1.15(a)(4) and (f).

Background and rules framework

Rule 4-1.6(c) governs transmission security. Rules 4-1.15(a)(4) and 4-1.15(f)(1), (2), (7), and (8) govern trust-account deposit records.

Citations and references

Rules of Professional Conduct:

• Missouri Rule 4-1.6(c)
• Missouri Rules 4-1.15(a)(4) and 4-1.15(f)(1), (2), (7), and (8)

See also

• Missouri Informal Op. 2023-09: Online Payments and Trust Funds
• North Carolina RPC 247: Electronic Transfer of Fees

Source

• Landing page: Missouri Informal Opinion 2022-08

Original opinion text

Reproduced from the official source for research purposes. The linked source is authoritative.

Question: May Attorney deposit a check into a trust account electronically by sending the bank a photo of the check through the bank’s website or application?

Answer: Attorney has an obligation under Rule 4–1.6(c) to make reasonable efforts to prevent the inadvertent or unauthorized disclosure of, or unauthorized access to, a client’s confidential information. So long as the bank’s website or application provides for reasonable security over the transmission of the check by photo, and appropriate trust account records can be maintained in accordance with Rule 4–1.15(f)(1), (2), (7), and (8), Attorney may deposit a check into a trust account electronically so long as the records of such deposit are sufficiently detailed as to each check deposited. See Rule 4–1.15(a)(4).