1.  Section D.  The Trust Account
 a. Lawyer is required to: Notify client or third party of receipt of money in which client or third party has an interest;  deliver to client or third party money or funds to which they are entitled; If there is a dispute, the funds must be kept separate from funds of others until an accounting;   there is a dispute over a portion, that portion must be kept separate; The lawyer is thus a Trustee;
 b. Problem Question (a)-- $1,500 goes in the Trust Account, not office account because it is an advance fee payment, not a retainer;
 c.  Question (b);  You pay to obtain reports on behalf of MacMillan; keep audit trail as in key concept #4 in Johnson article;
 d. Question (c); can sign check and send to client–but if you want to get paid, goes in trust account–because it is a check, cannot pay until it clears–place to discuss that with client is retainer agreement;
 e.   Question (d)–You paid out on check when it was deposited and are now out of trust–can be audited;
 f. Question (e)--This is In re Grubb, section d(4)–must deal with property same as money–put into safety deposit box or bonded storage;
  i. Question (f) money already earned and need not be deposited into trust account;
 g. Question (g) Interest on Lawyer's Trust Account (IOLTA); Does not change fact that lawyer is trustee; If money money the lawyer holds will be held for a long enough period of time to earn interest; or if the money is large enough; and if the money that will be earned is more than would be administration expenses for setting up a totally separate account, the lawyer must set up such an account; Since is not normally the case, money goes in commingled account–under state rules, the interest on that commingled account goes to legal services; note following Brown–IOLTA programs generate roughly $200 million a year;
 h. Brown v. Legal Foundation of Washington
 i.  The Court applies a per se test in finding that a “taking” took place;
 j. The Court attempts to determine the value of the loss–the net loss–and therein lies the problem;
  i.  If money is so large or is going to remain in the trust account for so long a period of time that it will generate a measurable amount of money, then the lawyer–as a trustee–has an obligation to earn money for the client;
  ii. Thus, the only monies that can go into the commingled trust account, are client monies that are either too small in amount, or are going to be held for too short a period to generate any measurable amount of money for the client who deposited those