Country-specific guidance Current

Client trust account recordkeeping: the ABA Model Rule baseline

A national model, not a single national rule -- your own state bar's adopted version controls.

State bars adapt their own client trust account recordkeeping rules from a common ABA model. This guide sets out that model as a baseline. It is general information, not legal advice, and it does not replace confirming the specific rule your own state bar has adopted.

Action plan

1 Keep receipt and disbursement journals plus a ledger for each client Two distinct records, not one combined file -- a journal of movements and a ledger per client.

The ABA Model Rules on Client Trust Account Records describe two core records: receipt and disbursement journals recording deposits to and withdrawals from the trust account, each identifying the date, source, and description; and ledger records for each separate client or beneficiary showing the source of funds, the amounts held, and the descriptions and amounts of any charges, withdrawals, or disbursements.

  • Keep receipt and disbursement journals recording every deposit and withdrawal
  • Keep a separate ledger record for each client or beneficiary
  • Record the date, source, and description of each transaction in both

Done when: Receipt and disbursement journals and a per-client ledger are both maintained for the trust account

ABA: Model Rules on Client Trust Account Records, Rule 1
2 Retain trust account records for five years under the model The model retention period runs from the end of the representation, but confirm your own state's figure.

Under the ABA model, a lawyer retains client trust account records for a period of five years after termination of the representation. States generally adopt their own version of this retention period when incorporating the model into their own rules of professional conduct, so confirm the exact figure your state bar applies rather than assuming the model period applies unchanged.

  • Treat five years after termination of representation as the ABA model baseline
  • Confirm your own state bar's adopted retention period before relying on the model figure
  • Track retention per matter, since representations end at different times

Done when: Trust account records are retained for the period your own state bar's adopted rule specifies

ABA: Model Rules on Client Trust Account Records, Rule 1
3 Confirm which version of the model your own state bar actually adopted This is a model rule, not binding law by itself -- your obligation comes from your state's own adopted rule.

Because the ABA Model Rules on Client Trust Account Records are a model that individual states adapt, don't treat this guide as a substitute for your own state bar's specific recordkeeping rule. Confirm the current rule your state bar has adopted, including any state-specific record types, formats, or retention periods it requires beyond the model baseline.

  • Look up your own state bar's specific client trust account recordkeeping rule
  • Check for any state-specific records or retention periods beyond the model baseline
  • Re-check this if you practise in, or hold trust funds connected to, more than one state

Done when: Your firm's trust accounting recordkeeping follows the specific rule your own state bar has adopted, not only the ABA model baseline