What Is An IOLTA Account? The difference between IOLTA and Attorney Trust

IOLTA accounts are designed to hold relatively small amounts of money for relatively short periods of time. If you are holding a large amount of money for a client, or if you are keeping money in trust for a long time, those funds should be deposited in a separate trust account that earns interest for the account beneficiary. Because the IOLTA program is a charitable program benefiting the public in Oklahoma, the financial institution is asked to waive all applicable service charges on IOLTA participant accounts and minimum balance requirements. Alternatively, the financial institution may choose to make an annual donation to the IOLTA program in an amount equal to the total service charges for all IOLTA accounts at the close of each calendar year. Contributions made by financial institutions to the IOLTA program qualify for Community Reinvestment Act reporting. The IOLTA program provides an important charitable service in Oklahoma.

• However, the lawyer should handle client funds as required by the safekeeping of property rules in Missouri, including participation in that state’s IOLTA program as appropriate.
• Planning for death or disability is required on the part of all private practitioners, and the Rule 45.11 signature authority is a key component of this.
• Lawyers can support COLTAF and Colorado’s civil legal aid delivery system by maintaining their COLTAF accounts at COLTAF’s Leadership Banks.
• Electronic records should be regularly backed up by an appropriate storage device.
• Rule 11 outlines in detail the requirements of IOLTA accounts.
• However, if you offer bank customers an automated transfer to an external investment whether a subsidiary or not, such as money market mutual fund, you must offer that service or comparable rate to qualifying IOLTA customers.

In addition, 12.5% of net revenue is awarded to the New Jersey State Bar Foundation to be used for purposes as stated in the Rule. The remaining net revenue is allocated by the IOLTA Board of Trustees to grants supporting civil legal assistance to income-eligible persons, improvements to the administration of justice, and law-related education.

Trust Account Forms

Prime Partners are financial institutions that go above and beyond eligibility requirements to ensure the success of the IOLTA program and increase funding to law-related public service projects and programs designed to improve the administration of justice. These institutions pay an interest rate, net of allowable reasonable fees, that is equal iolta account to the highest of 75% of the Federal Funds Target Rate or 0.75%. The South Carolina Bar Foundation encourages attorneys and firms to support our Prime Partners. Contact the SCBF to learn about how your financial institution can become a Prime Partner. The Supreme Court of Missouri administers Rules that governs lawyers’ trust accounts.

• Only dedicated trust accounts (interest-bearing accounts maintained for the sole benefit of a single client or transaction) will not be IOLTA accounts.
• An attorney who maintains trust account records by computer should print and retain, on a monthly basis, the checkbook register, the balances of the subaccount ledgers, and the reconciliation report.
• Whenever appropriate, sums large enough to generate net income to individual clients should be placed in interest-bearing accounts benefiting the client unless the client specifically directs otherwise.
• Client trust funds that do not meet the nominal or short-term fund requirements of an IOLTA account should be deposited in a separate trust account to earn interest for the benefit of that client.
• Ensure that all outstanding checks are accounted for, and IOLTA interest will be properly disbursed.

Additionally, there are no tax consequences for the financial institution, the law firm or the client. Financial institutions may choose to waive any and all fees on an IOLTA account. If however, the financial institution assesses service charges and fees on the IOLTA account, they should be reasonable and customary.

Legality

An IOLTA account is a pooled, interest-bearing demand deposit account used by lawyers to hold client funds. The interest earned on IOLTA accounts is remitted to the Lawyers Trust Fund , a charitable foundation designated as the recipient by the Illinois Supreme Court. Earned interest remitted to the LTF is used to fund civil legal aid organizations across Illinois.

The identifying account name may include the term IOLTA; however, it should be clear that the NC IOLTA program is not the fiduciary agent for the account. The Bank Directive on NSF Trust Checks is required by the NC State Bar for ALL lawyer trust accounts.

Counterfeit Checks Drawn on an Out-of-State Law Firm Trust Account

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The Massachusetts Bar Foundation also is governed by a fifteen-member board of trustees. Both bar foundations have along tradition of supporting a variety of public service activities.

What is an IOLTA Account & 5 Mistakes to Avoid

There should be no change to the rate paid on IOLTA accounts until the Federal Funds target rate exceeds 1.00%. If and when that time comes, the benchmark rate would be greater than 0.65%. The SCBF will notify financial institutions and the information would be posted to the SCBF website.