Do You Need an IOLTA Account?

Issues that determine whether an account will generate net interest are:

  • Interest rate paid on the account
  • Amount of service fees charged on the account*
  • Minimum balance requirements on the account
  • Average daily balance in the account

While there are many factors that should be considered in determining whether an attorney needs an IOLTA account, the following IOLTA Check-off list may serve as a guide.

IOLTA Check-off:

  1. __Yes __No. The attorney handles client funds that are nominal or will be held for a short period of time.
    If the answer is no, the attorney does NOT need an IOLTA account. If the answer is yes, continue with the following questions.
  2. __Yes __No. At the maximum, the client funds that the attorney handles are sufficient to generate net interest when pooled with other client funds, but could not generate sufficient interest for a single client.**
  3. __Yes __No. At the minimum, the client funds that the attorney handles are sufficient to offset service charges or other fees associated with the account.

If the attorney answers Yes to each of these questions, he or she must maintain an IOLTA account. For instructions related to opening an IOLTA account, click here.

** For more information about the financial considerations of maintaining separate client accounts, click here.

* Service charges on IOLTA accounts are billed directly to, and are paid by, the Texas Access to Justice Foundation and may not appear on attorneys’ bank statements.

Recent News

 

July 20, 2010

Texas Rep. Pete P. Gallego Honored with Texas Access to Justice Legislative Hero Award

June 30, 2010

New booklet "A Lawyer's Guide to Client Trust Accounts" created by Office of Chief Disciplinary Counsel helps address common questions.

May 11, 2010

Tyler Banks Recognized for Supporting Legal Services to the Poor

May 5, 2010

Texas Access to Justice Commission Raises Funds for Legal Services for Veterans

Apr. 27, 2010

League of Women Voters of Texas Receives Star of Justice Award for Access to Justice Efforts

Apr. 19, 2010

Access to Justice Commission Hosts Gala Benefiting Legal Services for Veterans

Apr. 13, 2010

"Going it Alone" an article on self-represented litigants on TexasTribune.org

Apr. 8, 2010

A blog post on Dallas Morning News about the Forum on self-represented litigants

Apr. 5, 2010

An op-ed by Chief Justice Jefferson & Commission Chair Reasoner on self-represented litigants appears in the Dallas Morning News, Fort Worth Star-Telegram and Houston Chronicle

Mar. 30, 2010

First Texas Forum on Self-Represented Litigants and the Courts to be held April 8-9 in Dallas

Mar. 12, 2010

Chief Justice Jefferson names Justice Hecht as new Foundation liaison

 

More news

© 2010 Texas Access to Justice Foundation