What is the name of your state (only U.S. law)? Florida
If a criminal defense attorney unwittingly accepts a check from a client as payment for services rendered, what Florida Ethics Rules apply when the client is later arrested by police, who allege the check issued to the firm of the criminal defense lawyer was fraudulently obtained by the client? (In other words, the client - charged with Larceny and Fraud - paid the defense lawyer with funds drawn on the victim's checking account.)
1) Does the lawyer/law firm have to return the money back to the victim who pressed the Larceny and Fraud charges?
2) Can the lawyer/law firm keep the money?
3) Does the lawyer/law firm violate the Conflict of Interest statute by taking proceeds from a victim to provide defense services for the defendant?
4) Does the lawyer/law firm then become a party to the lawsuit that he is defending his client against, because he is in receipt of funds acquired by fraudulent means, where the check is listed as evidence by authorities who arrested the suspect?
If a criminal defense attorney unwittingly accepts a check from a client as payment for services rendered, what Florida Ethics Rules apply when the client is later arrested by police, who allege the check issued to the firm of the criminal defense lawyer was fraudulently obtained by the client? (In other words, the client - charged with Larceny and Fraud - paid the defense lawyer with funds drawn on the victim's checking account.)
1) Does the lawyer/law firm have to return the money back to the victim who pressed the Larceny and Fraud charges?
2) Can the lawyer/law firm keep the money?
3) Does the lawyer/law firm violate the Conflict of Interest statute by taking proceeds from a victim to provide defense services for the defendant?
4) Does the lawyer/law firm then become a party to the lawsuit that he is defending his client against, because he is in receipt of funds acquired by fraudulent means, where the check is listed as evidence by authorities who arrested the suspect?