Ethics Advisory Committee--FAQ #6, Draft A
Name of Bank
Re: ________________ Attorney at Law Trust Account
___________________ Account Number
The South Carolina Supreme Court has issued a new Rule of Professional Conduct which went into effect on October 1, 2005. Rule 1.15(h) states as follows:
Rule 1.15 (h) Every lawyer maintaining a law office trust account shall file with the financial institution a written directive requiring the institution to report to the Commission on Lawyer Conduct when any properly payable instrument drawn on the account is presented for payment against insufficient funds. No law office trust account shall be maintained in a financial institution that does not agree to make such reports. The inadvertent failure of the institution to provide the report required by this rule shall not be construed to establish a breach of duty of care, or contract with, the Court or any third party who may sustain a loss as a result of an overdraft of a lawyer trust account.
This letter is to inform you that if any properly payable instrument drawn on my trust account number _______________ is presented for payment against insufficient funds you are to notify the Commission on Lawyer Conduct. Its mailing address is:
Commission on Lawyer Conduct
P.O. Box 12159
Columbia, SC 29211
Please let me know if you have any questions about this matter.