If a lawyer is in possession of disputed property between two parties, what should they do?

When a lawyer is in possession of disputed property between two parties, the appropriate course of action is to hold the property separate until the dispute is resolved. This approach aligns with the Model Rules of Professional Conduct, which emphasize the duty of lawyers to maintain the integrity of the legal process and to protect the interests of both parties involved in the dispute.

By holding the property separate, the lawyer can prevent any one party from unfairly benefiting from the property while the dispute is ongoing. This also promotes fairness and neutrality, which are essential principles in the legal profession. It ensures that the property remains intact and undisturbed, allowing for a fair resolution based on the merits of the case rather than on who has possession at any given moment.

Choosing to keep the property and manage the dispute privately could lead to ethical violations, as it suggests an improper advantage or bias towards one party. Similarly, simply returning the property to one party may exacerbate the situation by favoring one side without resolving the underlying legal issues. Consulting authorities may not be necessary unless a specific legal requirement arises, and in many cases, it's up to the lawyer to manage the property in accordance with legal standards and ethical obligations until the dispute is clearly resolved.