Can a nonlawyer office manager draw checks on a firm's client trust accounts and on the firm account?

Plain-English summary

A member asked whether a law firm's office manager, who is not a lawyer, could draw checks for the firm on clients' trust accounts and on the firm's own account. The committee unanimously concluded there was no ethical impropriety in the manager drawing checks on client trust accounts when the attorney responsible for the case gave proper authorization or a voucher, and likewise no impropriety in the manager drawing checks on the firm account when authorized to do so.

The committee added that bonding the manager, as the inquiry contemplated, added to the propriety of both measures.

Currency note

This opinion was issued in 1964, before The Florida Bar's adoption of the 2006 revisions to the Rules of Professional Conduct. The opinion applied former Canon 47 of the Canons of Professional Ethics; a lawyer's responsibility for nonlawyer assistants is now addressed by Rule 4-5.3, aiding the unauthorized practice of law by Rule 4-5.5, and the handling of client trust funds by Rule 5-1.1 of the Rules Regulating The Florida Bar (Model Rules 5.3, 5.5, and 1.15). Subsequent rule amendments or later opinions may have changed the analysis, and current trust-accounting rules impose specific recordkeeping and signatory requirements not discussed here. Treat this page as historical context, not current guidance. Verify against the current rules before relying on any specific requirement mentioned here.

Common questions

Q: Can a nonlawyer staff member sign checks on a client trust account?

A: Under this opinion, yes, provided the attorney responsible for the case gives proper authorization or a voucher for the disbursement. The committee found no impropriety in that arrangement. (Current trust-accounting rules add their own requirements; verify them.)

Q: Did the committee require the office manager to be bonded?

A: It did not require it, but it noted that bonding the manager, as the inquiry contemplated, added to the propriety of both the trust-account and firm-account check-drawing.

Background and rules framework

The opinion applied former Canon 47 of the Canons of Professional Ethics, which concerned a lawyer permitting professional services to be used in aid of conduct that should not be performed by nonlawyers. The subjects the opinion touches are now addressed by Rule 4-5.3 (responsibilities regarding nonlawyer assistants), Rule 4-5.5 (unauthorized practice), and Rule 5-1.1 (trust accounts) of the Rules Regulating The Florida Bar (Model Rules 5.3, 5.5, and 1.15). The opinion treats the mechanical act of drawing an authorized check as clerical work the lawyer may delegate, not as the practice of law.

Citations and references

Rules of Professional Conduct:

• Canon 47 [Canons of Professional Ethics; aiding conduct improper for nonlawyers; see current Rules 4-5.3, 4-5.5, 5-1.1]

See also

• FL Bar Ethics Op. 70-62: Delegating Work to Lay Staff
• FL Bar Ethics Op. 70-1: Law Clerks Screening Clients

Source

• Landing page: https://www.floridabar.org/etopinions/etopinion-64-40/
• Original PDF: https://www-media.floridabar.org/uploads/2017/04/FL-Bar-Ethics-Op-64-40.pdf

Original opinion text

Reproduced from the official source for research purposes. The linked source is authoritative.

FLORIDA BAR ETHICS OPINION
OPINION 64-40
July 8, 1964
Advisory ethics opinions are not binding.
It is proper for a law firm office manager to draw checks for the firm on the trust accounts of clients upon proper authorization from the attorney responsible for the case and for such manager to draw checks upon the firm account.
Canon: 47
Chairman Smith stated the opinion of the committee:
The Committee unanimously agrees there is no ethical impropriety in a law firm office manager, who is not a lawyer, drawing checks for the firm on the trust accounts of clients upon proper authorization or voucher from the attorney responsible for the case. Likewise, it is proper in our opinion for the manager to draw checks upon the firm account when authorized to do so. Bonding the manager, as contemplated, adds to the propriety of both measures.