• videocam Live Webinar with Live Q&A
  • calendar_month May 20, 2026 @ 1:00 PM ET/10:00 AM PT
  • signal_cellular_alt Intermediate
  • card_travel Ethics and Specialty Credits
  • schedule 90 minutes

Escrow Accounts and Ethics: Key Issues in Handling Escrow Funds and Attorneys Serving as Escrow Agents

Structuring Transactions, Fraud Prevention, Conflicts of Interest, Fiduciary Duty, Avoiding Liability

About the Course

Introduction

This CLE webinar will provide lawyers guidance on legal ethics in handling escrow accounts and challenges and risks for lawyers serving as escrow agents. The panel will provide an overview of the legal implementation and methods in structuring transactions, preventing fraud, applicable rules for counsel, fees, escrow accounts, and other key ethical issues when attorneys serve as escrow agents.

Description

Attorney ethics rules require strict compliance regarding client trust accounts or IOLTA, with significant consequences for lawyer's mishandling these escrow accounts. Attorneys must have a firm understanding of ABA Model Rules and state law to avoid potential liability, suspension, or disbarment.

Attorneys are required to hold client funds separately from their own, maintain records of transactions, and have a fiduciary duty to protect the funds. Typically, mistakes are made when structuring certain transactions, improper withdrawals, or poor record-keeping. But there are many other scenarios that trigger ethics violations that attorneys must avoid.

Listen as our panel discusses the legal implementation and methods in structuring transactions, fraud prevention, applicable rules for counsel, fees, escrow accounts, and other key ethical issues when attorneys serve as escrow agents.

Presented By

Michael S. Ross
Principal
Law Offices Of Michael S. Ross

Mr. Ross concentrates his practice in attorney ethics. He is a former Assistant United States Attorney in the Criminal Division of the Southern District of New York and also served as an Assistant District Attorney in Kings County. Mr. Ross has been an Adjunct Professor at Benjamin N. Cardozo Law School since 1980 (where he teaches Fall and Spring Semester courses in Litigation Ethics). He has also taught a variety of trial practice and judicial administration courses as an Adjunct Associate Professor at Brooklyn Law School since 2005 (where he teaches year-round Fall, Spring and Summers courses in Professional Responsibility). In addition, in three and a half decades of teaching at Cardozo Law School, he has taught a variety of ethics, trial practice and judicial administration courses. Mr. Ross is a frequent lecturer and author on topics involving ethics, trial practice and criminal law for such organizations as the Practicing Law Institute, the Appellate Divisions, First and Second Departments, the Association of the Bar of the City of New York, the New York State Judicial Institute, the National Institute of Trial Advocacy, the New York State Bar Association, the New York County Lawyers’ Association, the New York State Association of Trial Lawyers and the New York State Academy of Trial Lawyers.

Kaylin L. Whittingham, Esq.
Principal
Whittingham Law

Ms. Whittingham is a former New York State Commissioner on Ethics and Lobbying in Government and a Referee for the New York State Commission on Judicial Conduct. She is the principal of Whittingham Law, where she concentrates her practice on Legal Ethics and Professional Responsibility. Prior to private practice, Ms. Whittingham served as counsel at the Attorney Grievance Committee, First Judicial Department where she investigated and prosecuted a wide array of professional misconduct cases. She served as Staff Attorney at the Mental Hygiene Legal Services in the First Department; Judicial Intern to the Honorable Dolores K. Sloviter, United States Court of Appeals for the Third Circuit, and the Honorable Milton Tingling, Supreme Court for the State of New York, New York County. Ms. Whittingham started her legal career in the Litigation Bureau of the New York State Attorney General’s Office.

Credit Information
  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

  • An excellent opportunity to earn Ethics CLE credits. Note: BARBRI cannot guarantee that this course will be approved for ethics credits in all states. To confirm, please contact our CLE department at pdservice@barbri.com.


  • Live Online


    On Demand

Date + Time

  • event

    Wednesday, May 20, 2026

  • schedule

    1:00 PM ET/10:00 AM PT

I. Model rules and state law

II. IOLTA accounts

III. Attorney liability and documentation requirements

IV. Ethics issues for lawyers serving as escrow agents

V. Structuring transactions and pitfalls to avoid

The panel will discuss these and other key issues:

  • What are the applicable attorney rules regarding escrow accounts?
  • What are IOLTA accounts, and when do you use them?
  • What are the ethics issues and liability risks for attorneys serving as escrow agents?
  • What steps can lawyers take to avoid liability when structuring transactions?