CLE
Tracy L. Kepler
Tracy L. Kepler CNA's Lawyers Insurance Program
Fiduciary Fundamentals Managing Client Funds & Avoiding Common Missteps
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Premieres April 15, 1:00 PM ET/10:00 AM PT
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Fiduciary Fundamentals: Managing Client Funds & Avoiding Common Missteps

This program will explore the financial responsibilities of lawyers under the ABA Model Rules of Professional Conduct, with a focus on Rules 1.5 (Fees), 1.15 (Safekeeping Property), and 1.16 (Declining or Terminating Representation). Attendees will gain a deeper understanding of the ethical considerations surrounding fee arrangements and responsible billing, what is a reasonable fee, handling client funds, and the proper procedures for managing and returning client property upon withdrawal or termination of representation. The session will provide practical insights and compliance tips to help lawyers meet their fiduciary duties and avoid common financial pitfalls.

Learning Objectives:

  • Understand Fee Agreements & Responsible Billing Practices: Learn the ethical requirements surrounding client fee agreements under Rule 1.5, including what constitutes reasonable fees and best practices for transparency in billing

  • Master Client Fund Management: Gain a comprehensive understanding of Rule 1.15, covering the proper handling, safeguarding, and accounting of client funds in trust accounts

  • Navigate Termination Procedures: Explore the financial obligations when ending client representation under Rule 1.16, including the return of unearned fees and client property

  • Avoid Common Financial Pitfalls: Identify common mistakes and ethical violations in handling legal fees and client property and learn practical strategies for compliance with financial responsibilities

Topics covered include: Ethics
Agenda:
  • Why? I’m Never Going to Touch the Money

  • MRPC 1.5
    • What is a reasonable fee under 1.5(a)
    • Success fees
    • Fee in something other than money
    • Fee agreements & MRPC 1.5(b)
    • Contingency fees & MRPC 1.5(c)
    • MRPC 1.5(d) prohibitions
    • MRPC 1.5(e) & division of fees

  • Risk Control Measures To Avoid Fee Disputes
    • Billing best practices
    • Efficiency through technology
    • Good billing etiquette
    • Steps to resolve a dispute

  • Risks of a Collection Action
    • Adverse consequences
    • Fee suit decision tree

  • Safekeeping of Property
    • MRPC 1.15(a) & three trust fund characteristics
    • General duties under MRPC 1.15
    • Differing fee agreements
    • Choice of retainers
    • What must and must not be deposited in a client trust account
    • Pooled v. individual accounts
    • Good practice tips
    • How to handle disputed funds
    • Other tenders & unclaimed funds
    • Refunds

  • Questions & Answers (as time permits)
Duration of this webinar: 60 minutes
When: Premieres in 11 days | April 15, 2025 10:00 AM PT
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Continuing Legal Education (CLE) Credits

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California CLE

Status: Approved

Credits: 1.00 Legal Ethics

South Carolina CLE

Status: Approved

Credits: 1.00 Legal Ethics/Professional Responsibility

Difficulty: All Levels

North Carolina CLE

Status: Approved

Credits: 1.00 Ethics

Texas CLE

Status: Approved

Credits: 1.00 Legal Ethics/Professional Responsibility


This presentation is approved for one hour of Legal Ethics CLE credit in California, one hour of Legal Ethics/Professional Responsibility CLE credit in South Carolina (all levels), and one hour of Ethics CLE credit in North Carolina. This course has been approved for Minimum Continuing Legal Education credit by the State Bar of Texas Committee on MCLE in the amount of 1.00 credit hours, of which 1.00 credit hours will apply to Legal Ethics/Professional Responsibility credit.

Justia only reports attendance in jurisdictions in which a particular Justia CLE Webinar is officially accredited. Lawyers may need to self-submit their certificates for CLE credit in jurisdictions not listed above.

Note that CLE credit, including partial credit, cannot be earned outside of the relevant accreditation period. To earn credit for a course, a lawyer must watch the entire course within the relevant accreditation period. Lawyers who have viewed a presentation multiple times may not be able to claim credit in their jurisdiction more than once. Justia reserves the right, at its discretion, to grant an attendee partial or no credit, in accordance with viewing duration and other methods of verifying course completion.

At this time, Justia only offers CLE courses officially accredited in certain states. Lawyers may generate a generic attendance certificate to self-submit credit in their own jurisdiction, but Justia does not guarantee that lawyers will receive their desired CLE credit through the self-submission or reciprocity process.

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Speaker
Tracy L. Kepler
Tracy L. Kepler Director of Risk Control Consulting
CNA's Lawyers Insurance Program

Tracy L. Kepler is the Risk Control Consulting Director for CNA’s Lawyers Insurance Program. In this role, she designs and develops content and distribution of risk control initiatives relevant to the practice of law. She collaborates with the underwriting and claims teams to develop and execute strategies for the profitable growth of the program. Tracy lectures frequently at CNA-sponsored events and at state and local bar associations and national seminars hosted by industry-leading organizations. She also writes articles focusing on law firm risk control and professional responsibility issues. Read More ›

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