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IOLTA

IOLTA — An IOLTA is an interest- or dividend-bearing lawyer trust account in which interest earned on pooled client funds is remitted to a state bar foundation to fund legal services rather than paid to the lawyer or the client.

IOLTA is created by state supreme court rule, so its terms vary; North Carolina's rule, for example, requires that every general trust account be an interest- or dividend-bearing account with funds "available for withdrawal upon request and without delay" and that interest "be paid to the North Carolina State Bar to be used for the purposes authorized under the Interest on Lawyers' Trust Accounts Program." The rationale, common across states, is that funds nominal in amount or held briefly cannot earn enough interest to justify the cost of a client-specific account. For a collections firm, IOLTA discipline is a client-audit item as much as a bar item: collected funds sit in trust between receipt and remittance, and commingling firm fees with client funds is the fastest route to both a bar grievance and an adverse bank finding.

Primary sources

  1. N.C. State Bar Rule .1316 (IOLTA Accounts); N.C. R. Prof. Conduct 1.15-2

See also

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