If a client asks the lawyer to store a will for safekeeping, what is the lawyer's duty?

Study for the MPRE Rules Test. Utilize flashcards and multiple choice questions, each with hints and explanations. Prepare effectively for your exam!

Multiple Choice

If a client asks the lawyer to store a will for safekeeping, what is the lawyer's duty?

Explanation:
Safekeeping client property is the key duty here. When a client asks a lawyer to store a will for safekeeping, the lawyer must treat the will as the client’s property and hold it in secure safekeeping as a trust asset. The purpose is to protect the will from loss, theft, or damage and to keep it available for delivery when the client requests it or when a proper event occurs (such as the client’s death and the appointment of an executor). The lawyer should not deliver the will immediately unless the client specifically requests immediate delivery, and the lawyer should not place the will in court custody except under a court order or as required by procedure.

Safekeeping client property is the key duty here. When a client asks a lawyer to store a will for safekeeping, the lawyer must treat the will as the client’s property and hold it in secure safekeeping as a trust asset. The purpose is to protect the will from loss, theft, or damage and to keep it available for delivery when the client requests it or when a proper event occurs (such as the client’s death and the appointment of an executor). The lawyer should not deliver the will immediately unless the client specifically requests immediate delivery, and the lawyer should not place the will in court custody except under a court order or as required by procedure.

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