OTLA Trial Lawyer Winter 2021

54 Trial Lawyer • Winter 2021 has many resources, including a book, on this topic ( https://www.osbplf.org/ practice-management/books-from-the- plf.html) . Oversight of staff handling of the trust account is done through monthly reconciliation, which the lawyer should personally review. It is also done by requiring staff to use a check request form and provide documentation (in- voice, statement, receipts, etc.) for each request. The check request form, as well as the actual check, should be signed by one or two lawyers, depending on firm size. Having a checklist to guide staff on depositing and withdrawing trust funds, as well as entering trust transactions in your office’s accounting program, will help minimize errors. Conclusion During the course of her interaction with the disciplinary counsel’s office, Lee learned many things about trust account- ing she wished she had known when she began practicing law. She now does things a bit differently. She has hired a legal assistant to help manage the trust account. That person is trained on how to use the trust accounting software built into her practice management program, including how to enter transactions and run reports. She reconciles her trust ac- count every month and implements proper procedures to withdraw funds from the trust account. While it’s true some lawyers can prac- tice law without ever touching their trust account, the reality is most lawyers may need to use the trust account at some point in their legal career. Even handling the trust account just one time can result in a mistake with serious consequences for the lawyers. Understanding some basic concepts in trust accounting and implementing these tips will help lawyers avoid ethical headaches in the future. Hong Dao is a Practice Management At- torney at the Oregon State Bar Profes- sional Liability Fund (PLF). She provides confidential practice management assis- tance to attorneys to reduce their risk of malpractice claims, enhance their enjoy- ment of practicing law, and improve their client relationships through clear commu- nication and efficient delivery of legal ser- vices. She works from the PLF offices at 16037 SW Upper Boones Ferry Rd., Ste. 300, Tigard, OR 97224. You can reach her at 503-726-1467 or [email protected]. While it’s true that some lawyers can practice law without ever touching their trust account, the reality is most lawyers may need to use the trust account at some point in their legal career. Trust Accounting Continued from p 53