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Klancke v. Smith9/26/1991
rten v. Warren, 753 F. Supp. 491 (S.D.N.Y. 1990).
Furthermore, an attorney who receives funds which he knows belong to parties other than his client may be held liable for dispersing such funds to his client if he has been put on notice of such wrongful distribution. See Coppock v. Helfer, 515 P.2d 488 (Colo. App. 1973) (Not Selected For Official Publication).
To conclude, as the majority does, that attorneys who are in possession of property, which they know is owned by individuals other than their clients, are immune from liability to rightful owners for improper distribution of such property would place attorneys in a unique and preferred status contrary to sound public policy.
I, therefore, would reverse the summary judgment entered in favor of the defendants on the plaintiff's claim of breach of fiduciary duty.
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