Trust Accounts for Law Firms: What Trial Lawyers Need to Watch

    Trust Accounts for Law Firms: What Trial Lawyers Need to Watch

    By Knight Lancaster, CPA, JD, MBANovember 1, 2024
    Knight Lancaster, CPA, JD, MBA

    Author

    Knight Lancaster, CPA, JD, MBA

    Knight Lancaster specializes in operational accounting, legal accounting & software technology integrations, and tax. His credentials as a dually licensed Attorney-CPA reinforce his expertise in law firm financial operations.

    Trust accounts are one of those back-office topics that can feel "administrative" until something goes wrong. Then it becomes urgent. In a recent discussion, Knight Lancaster (attorney and CPA) shared the biggest trust-account risks he sees in growing law firms, plus the workflows that help firms stay compliant, consistent, and calm.

    If you handle contingency matters, settlements, or client funds of any kind, this is worth reading. A few small habits can prevent big headaches later.

    1) Assign One Person to Own the Trust Account, Fully

    Knight's first recommendation is simple and surprisingly powerful: one person must be directly responsible for the trust account.

    "You need one person directly responsible and on point for your trust accounts."

    He warns that a "team approach" with multiple people pitching in, or multiple hands in the pot, becomes harder to track as the firm grows. What feels flexible at a small firm can turn into confusion at scale.

    • One owner improves accountability
    • Clear roles reduce errors and rework
    • Consistent handling makes reporting and reconciliation easier

    2) Avoid Two High-Risk Trust Mistakes During Settlements

    Knight highlighted two practices that create serious risk for law firms, especially during settlement disbursements.

    Risk #1: Cutting Trust Checks While Funds Are Still Pending

    He notes that some firms cut trust checks from settlements while funds are still pending. That can create a major exposure if the funds have not fully cleared.

    Risk #2: Pulling Fees From Trust Before the Full Disbursement Is Ready

    He also sees cases where firms pull funds from trust for fee reimbursement before completing the full disbursement. Knight's recommendation is to avoid splitting the process.

    "Firms are so much better off if they would just wait until they're fully ready to handle a settlement, with a fully complete signed disbursement sheet, as opposed to splitting it up."

    The bigger message: do the settlement the right way, once, with the paperwork complete, rather than piecemeal.

    3) Build a Predictable Settlement Disbursement Rhythm

    The conversation touched on a common rule of thumb: waiting 10 business days after a settlement check before disbursement. Knight agrees this is generally fair, with the practical note that holidays can affect timing.

    But his best operational advice goes beyond the number of days. He encourages firms to set a consistent disbursement cadence, such as every other Thursday, so clients and staff know what to expect.

    • Pick a consistent disbursement day (or schedule)
    • Only disburse matters that settled 10 business days ago (or more)
    • Use the cadence to create transparency for clients

    This helps in a very real way: clients often want their settlement money immediately. A clear operational rhythm reduces stress because it gives clients a specific day instead of "tomorrow or the next day."

    Key Takeaways

    • Assign clear ownership of trust accounting to one person
    • Wait for funds to fully clear before disbursing settlement checks
    • Complete full disbursements in one process, not piecemeal
    • Establish a consistent settlement disbursement schedule
    • Use clear communication to manage client expectations

    Trust accounting breaks down when responsibility is distributed across multiple people or when processes are inconsistent. Small habits and clear workflows prevent expensive mistakes and keep your firm compliant and stress-free.

    Want to discuss how these principles apply to your firm's specific situation?