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Ethics hotline opinion in our favor



Partner,
Good news as a result of my chat with the VA Bar ethics hotline counselor.  She says if Eric told us to "move the money," meaning the fees had been earned for the four clients for whom he now seeks a partial rebate to his firm, then as far as this firm is concerned, the funds were no longer client funds (unearned fees).   She said the only ethical issues in the scenario are Eric's in not getting the work accomplished while on salary in a reasonable amount of time and potentially misrepresenting that the client funds were earned.  No ethical issues for us since there are no unearned fees (client property).  Only a legal dispute with a former employee.  Marcy has records of meetings which occurred before each of the four clients' funds were transferred to the operating account.  Our business practice was and is that no money is ever transferred without the authorization of the attorney handling the matter.
N
Neal A. Puckett, Esq
LtCol, USMC (Ret)
Puckett & Faraj, PC
1800 Diagonal Rd, Suite 210
Alexandria, VA 22314
703.706.9566

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