Can an attorney deposit a cashier's check into the trust account after the bank has closed and immediately write a trust-account check against it?
Apply this to your situation
This page answers the general question as of 1987. Ezel answers yours: whether it's allowed on your facts, under the current Virginia Rules of Professional Conduct, with citations.
Plain-English summary
The committee opined that it is not proper for an attorney to deposit a cashier's check payable to the firm's trust account after the bank has officially closed and then immediately write a check on the trust account for all or a portion of that cashier's check. The committee cited LE Op. 183 and LE Op. 454 and referred to Va. Code § 6.1-2.10.
Currency note
This opinion was issued in 1987, under Virginia's former Code of Professional Responsibility, before the Virginia State Bar's adoption of the Rules of Professional Conduct effective January 1, 2000. The trust-accounting statute it cites has since been recodified. Subsequent rule amendments, statutory changes, or later opinions may have changed the analysis. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific rule, deadline, or requirement mentioned here.
Common questions
Q: Can a lawyer disburse against a cashier's check deposited after the bank closed?
A: Under this 1987 opinion, no. The committee said it is not proper to deposit such a check after the bank has officially closed and immediately write a trust-account check against it.
Q: What was the concern the committee identified?
A: The opinion treats disbursing against a check that has not yet cleared, by depositing after the bank closed and immediately drawing on the funds, as improper trust-account conduct.
Background and rules framework
The opinion did not cite a specific disciplinary rule. It applied the committee's prior trust-account opinions, LE Op. 183 and LE Op. 454, and referred to Va. Code § 6.1-2.10 on settlement funds.
Citations and references
Statutes:
- Va. Code § 6.1-2.10 (settlement funds)
Other opinions cited:
- LE Op. 183 and LE Op. 454: prior opinions on trust-account disbursement
See also
- VA LEO 1255: Wet Settlement Act Waiver and Disbursing Uncollected Items
- VA LEO 1116: Disbursement of Proceeds Before Recordation
- VA LEO 900: Disbursing Settlement Funds Under the Wet Settlement Act
Source
- Landing page: https://vsb.org/Site/about/rules-regulations/leo-opinions.aspx
- Original PDF: https://www.vsb.org/common/Uploaded%20files/LEOs/0898.pdf
Original opinion text
Reproduced from the official source for research purposes. The linked source is authoritative.
Committee Opinion
April 1, 1987
LEGAL ETHICS OPINION 898
REAL ESTATE – DISBURSEMENT OF
TRUST FUNDS.
It is not proper for an attorney to deposit a cashier's check payable to the firm's trust
account after the bank has officially closed and immediately write a check on the trust
account for all or a portion of the cashier's check. [LE Op. 183 and LE Op. 454; see also
§ 6.1-2.10 Va. Code]
Committee Opinion
April 1, 1987
Get today's answer for your situation
You just read a 1987 opinion on this question. Ezel checks the current Virginia Rules of Professional Conduct and answers your specific situation, with citations.
Opens in Ezel Pro. Every answer cites the rules it relies on.