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Under the New York Rules of Professional Conduct, how should a lawyer handle client funds?

  1. Mix them with personal funds

  2. Hold them in a separate account

  3. Deposit them into a personal account

  4. Invest them for the client's benefit

The correct answer is: Hold them in a separate account

A lawyer must hold client funds in a separate account to ensure clear delineation between the lawyer's personal or business funds and the client's funds. This requirement helps prevent issues of commingling, which can lead to potential misappropriation or mishandling of funds. By maintaining a separate account, lawyers are fulfilling their ethical obligations to protect and safeguard client properties, as outlined in the New York Rules of Professional Conduct. Maintaining a separate account for client funds is essential for transparency and accountability. It allows for accurate record-keeping and ensures that funds are available for clients when needed. It also protects both the lawyer and the client in the event of a dispute regarding the funds. In contrast, mixing client funds with personal funds or depositing client funds into a personal account creates risks for both ethical compliance and financial management. Investing client funds for the client's benefit without explicit consent is typically outside the scope of what is allowable unless there is a clear understanding and agreement about such actions.