Opinion Number: 2022-08 – Rule Number: 4-1.15; 4-1.6
Question: May Attorney deposit a check into a trust account electronically by sending the bank a photo of the check through the bank’s website or application?
Answer: Attorney has an obligation under Rule 4-1.6(c) to make reasonable efforts to prevent the inadvertent or unauthorized disclosure of, or unauthorized access to, a client’s confidential information. So long as the bank’s website or application provides for reasonable security over the transmission of the check by photo, and appropriate trust account records can be maintained in accordance with Rule 4-1.15(f)(1), (2), (7), and (8), Attorney may deposit a check into a trust account electronically so long as the records of such deposit are sufficiently detailed as to each check deposited. See Rule 4-1.15(a)(4).