Section 2-43.Notice by Attorney of Alleged Misuse of Clients’ Funds and Garnishments of Lawyers’ Trust Accounts
Current through August 12, 2025 (2026 Practice Book edition) · Last verified July 9, 2026
Full Text of Section 2-43
Amendment History
(P.B. 1978-1997, Sec. 28D.)
Plain-English Summary
Section 2-43 covers two situations. First, when a complaint, counterclaim, cross complaint, special defense, or other pleading in a judicial or administrative proceeding alleges that a lawyer misused funds handled in the lawyer's capacity as a lawyer or fiduciary, the person who signs that pleading must mail a copy of it to the statewide bar counsel.
Second, when a lawyer's trust account — the kind defined in Section 2-27 — is garnisheed or otherwise liened, the party who sought the garnishment or lien must mail a copy of the garnishee process or writ of attachment to the statewide bar counsel.
Frequently Asked Questions
Who has to notify the bar counsel when a pleading alleges misuse of client funds?
The person who signs the pleading — whether it is a complaint, counterclaim, cross complaint, special defense, or other pleading — must mail a copy to the statewide bar counsel.
What happens if someone garnishes a lawyer's trust account?
The party who sought the garnishment or lien must mail a copy of the garnishee process or writ of attachment to the statewide bar counsel.
Does this rule apply outside of court proceedings?
Yes. It applies to pleadings in either a judicial or an administrative proceeding that allege a lawyer's misuse of funds held as a lawyer or fiduciary.
What is a lawyer's trust account under this rule?
Section 2-43 (b) points to the trust account defined in Section 2-27, which covers accounts holding funds a lawyer handles in a fiduciary capacity.