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  HAROUTUNIAN LAW OFFICE

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Joint Owner of Account Guilty of Theft

2/26/2019

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A case from the state of Maryland establishes that a “co-owner of a joint account can be guilty of theft for stealing from that account”. 

Here are the quick facts:  A father asked his daughter to help him with his finances.  Rather than signing a Durable Power of Attorney, he added his daughter to his bank account as a joint owner.  Later, the daughter withdrew money for her own use.

The daughter was charged with theft, but argued she could not be charged with theft for withdrawing money from a joint account.  Heck, both parties owned the account equally.

The father testified that he added her to the account only so that she withdraw money for him.  The daughter was found guilty and appealed. The Maryland Appeals Court agreed with the lower court.  The court held the daughter could be guilty of theft for stealing from a joint account.
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The court stated, "titling an account as 'joint owners' presumptively creates an ownership interest in both parties, but that presumption can be rebutted by evidence of a contrary intent of the original owner of the account."  Namely, the intent of the parties can overcome the rights given through joint ownership.

Attorney James Haroutunian practices real-estate law, estate planning and probate at 630 Boston Road, Billerica. He gladly invites questions at james@hlawoffice.com or by phone at 978-671-0711. This column is published for informational purposes only and not to be relied on as legal advice, in any manner.  
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Can My Lawyer Record Our Conversations?

2/19/2019

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Question:  Attorney Haroutunian, I have enjoyed working with you as my lawyer over the past few years.  But, after the President’s latest episode, is it legal for you to record our conversations?    
 
Answer:  First, know this:  I have never, and will never, record a conversation with a client.  I consider it an extreme betrayal of trust.
 
Second, recording a conversation without the consent of all parties, is illegal in Massachusetts.  General Laws Chapter 272, Section 99 imposes criminal fines up to $10,000.00 and/or imprisonment up to 5 years.  Massachusetts has one of the toughest laws against secret recordings, in the country.
 
In 2016, a Mount Holyoke college student recorded a professor’s lecture, without the professor’s knowledge.  When the professor’s controversial opinions about the 2016 presidential election were released online – they went viral.  Lost in the controversy, was the technically illegal act, performed by the student.  The college later developed policies about classroom recordings. 
 
New York, on the other hand, does allow people to secretly record conversations.  Lawyers, also, may benefit from differing opinions by bar associations in New York.  A 2001 American Bar Association rule change allows for lawyers to secretly record conversations with non-clients, but must fess up, if asked about it.  The association was not definitively for or against recording client conversations.  Thus, ethical review comes on a case by case basis.  
 
Finally, let me repeat:  I have never, and will never, record a conversation with a client.  Now, if I can just get my kids to stop shaming me, by recording my singing at home.   
 
Attorney James Haroutunian practices real-estate law, estate planning and probate at 630 Boston Road, Billerica. He gladly invites questions at james@hlawoffice.com or by phone at 978-671-0711.  This column is published for informational purposes only and not to be relied on as legal advice, in any manner.  
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