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July 20th, 2023
Fla. Bar CTA Program Could Be Win For Solos Across The US
Ethics & Professional Responsibility Partner Tyler Maulsby is quoted in the article, "Fla. Bar CTA Program Could Be Win For Solos Across The US" published by Law360. The article discusses a recent Florida Bar initiative offering all Florida attorneys a free organizing tool to track and make notes on their client transactions and to link the transactions to their bank. The initiative allows for a direct balance of their trust. Tyler is quoted saying, "I can't tell you how many times I've seen a lawyer with a very high volume escrow account operating their entire practice off of a spreadsheet. That can just leave a lot of room for error. And so anything that offers a comprehensive trust account management system with opportunities to incorporate failsafe reconciliations is going to make everyone's life easier."
Despite the many benefits associated with the initiative, Tyler notes that it may put solo practitioner and lawyers inside small firms at a significant disadvantage. He says, "For a solo practitioner, it is your job to be a bookkeeper, or you have to hire one, but still you have to reconcile the account, you have to make sure everything is correct, and you have to spend a lot of time doing that. They don't teach you how to do that in law school. And it's very scary, because the stakes are very high."
According to legal ethics attorneys, a majority of their cases deal with issues that stem from simple bookkeeping errors. Tyler says, "One simple mistake can then compound into multiple mistakes. If there's an error on client number one, it's not caught for several months and then multiple other clients' money passes through the account, that means that error could have resulted in errors on many other clients' accounts. And so now you're dealing with issues with multiple clients."
The program is the first of its kind in the country and Tyler adds that the closest thing he's seen to this program in New York is maybe a free continuing legal education program on how to manage trust accounts. He notes, "You can call the grievance committee, and they can help you through certain cost accounting issues, but a continued resource for your ability to stay organized is very helpful, and I haven't seen anything like this. I would love it if the New York State Bar Association did something like this statewide, but I think the cost would be significant. We have a lot of lawyers, they're a voluntary organization dependent on dues and contributions. And the grievance committee would need to get funding from the courts to do that."
In conclusion, Tyler says, "I think ultimately, any resources that are free or at a very low cost offered to lawyers is a good thing. It's a step in the right direction."
Read the full article here. (Behind paywall)
Other Quoted
Jonah Brill and Spouse Emma Brill Featured on Cardozo Law School Podcast
Jonah Brill and his wife Emma Brill are interviewed on their alma mater’s audio publication SPARKS: A Cardozo School of Law Podcast | Cardozo Law. Having met as first-year law students at the Benjamin N. Cardozo School of Law, they discuss how their law school affected their personal lives and chosen career paths. They share their class recommendations, “insights into the complexities of tax law,” and “lessons learned along the way.” Listen here.
April 8 2025
Key Amendments to the New York Rules of Professional Conduct
The New York Law Journal quotes Tyler C. Maulsby on the recently amended Rules of Profesisonal Conduct, which will affect conflicts, screening of laterals, fairness to opposing counsel, and more. View Article
April 1 2025
Duke’s ‘White Lotus’ Cameo Not Likely An IP Problem for HBO
Law360 quotes Kimberly M. Maynard on whether HBO was within its rights to use Duke University's apparel in its artistic expression on the dark comedy show "The White Lotus." Kim argues that when discussing something that's clearly an artistic expression, brand owners' rights are fairly limited by the First Amendment and the Rogers case, even as amended by the Jack Daniels' case. (Behind paywall) View Article
March 31 2025
