Virginia Bar president considers attorney trust audits

Headline Legal News

The president of the Virginia State Bar is proposing random audits of lawyer trust accounts.

Lawyers use trust accounts to temporarily hold real estate proceeds or retainers until they are disbursed to a third party or -- once a fee is earned -- to the lawyer.

It is a severe violation of professional conduct for a lawyer to mingle trust account money with personal funds or operating money.

But it does happen.

According to the state bar, a Virginia Beach attorney had his license revoked after he wrote 72 checks that he couldn't cover from 2002 to 2005. The checks totaled $3.3 million.

Bar president and Norfolk lawyer Howard Martin Junior says will make the audit proposal to the bar's executive committee next month. The American Bar Association recommends that every state conduct random audits to protect the public.

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USCIS Issues Clarifying Guidance on NAFTA TN Status Eligibility for Economists

U.S. Citizenship and Immigration Services (USCIS) announced today that it is clarifying policy guidance (PDF, 71 KB) on the specific work activities its officers should consider when determining whether an individual qualifies for TN nonimmigrant status as an economist.

The North American Free Trade Agreement (NAFTA) TN nonimmigrant status allows qualified Canadian and Mexican citizens to temporarily enter the U.S. to engage in specific professional activities, including the occupation of economist. The agreement, however, does not define the term economist, resulting in inconsistent decisions on whether certain analysts and financial professionals qualify for TN status as economists.

TN nonimmigrant status is intended to allow a limited number of professionals and specialists to work temporarily in certain specifically identified occupations in the United States. This updated guidance provides USCIS officers with a specific definition of one such category – economists – allowing them to adjudicate applications in a way that complies with the intent of the agreement. This policy update clarifies that professional economists requesting TN status must engage primarily in activities consistent with the profession of an economist. Individuals who work primarily in other occupations related to the field of economics — such as financial analysts, marketing analysts, and market research analysts — are not eligible for classification as a TN economist.

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