Therefore, in order to ensure that retained client funds are never used for operating expenses, they need to be placed in a trust account that is separate from any operating accounts. These client trust accounts are referred to as IOLTA accounts and must be managed in accordance with each state’s rules and regulations that govern them. While the exact rules are different from state to state, all lawyers are required to keep their client funds in client trust accounts that are separate from any of their operating accounts. Attorneys routinely receive client funds (commonly referred to as “trust money”) to be held in trust for future use. If the amount is large or the funds are to be held for a long period of time, the attorney customarily places these funds in an interest-bearing account for the benefit of the client. Prior to IOLTA, these nominal and short-term funds were combined and placed into a pooled, non-interest-bearing checking account.

• Because there tends to be considerable rules that must be followed in order for a firm to stay in compliance with their state’s IOLTA program, it can feel intimidating to make sure that everything is being done correctly.
• Violating rules related to IOLTA accounts in your jurisdiction can come with serious consequences.
• Each state has its own IOLTA programs and rules around how they are to be used and managed.
• Attorneys routinely receive client funds (commonly referred to as “trust money”) to be held in trust for future use.
• From accounting to time tracking, LeanLaw covers any service your firm may need to keep your firm running as efficiently and effectively as possible.

Though this three-way reconciliation doesn’t have to be complicated, it will need high attention, since any errors can end up creating concern about whether or not your law firm is managing its IOLTA account appropriately. Knowing the rules and regulations that govern a state’s IOLTA program is important, but making sure that a firm follows them correctly is another challenge of its own. As the top-rated legal app in the QuickBooks online marketplace, LeanLaw can help your firm make sure that all of what is iolta account used for your legal accounting is done with accuracy, efficiency, and in a way that makes sense to its users. Good accounting software will also make this process much easier for you as well. Your state bar foundation requires you to be able to show how much money each client has in their account at any given point in time. If you’ve made the switch from paper cheques to electronic billing (e-transfer, credit card payments, that kind of thing), you can’t pass along the payment fees to your client’s IOLTA.

What is IOLTA?

This includes promptly notifying clients of received funds, promptly delivering funds clients are entitled to, and providing a full accounting of funds upon request. Thanks to our three-way reconciliation, your bank accounts, trust accounts and QuickBooks Online will not only be in constant sync with one another, but also in line with state bar standards. Once you’ve set up your account, you’ll want to make sure you maintain proper accounting records, showing all transactions that occur between the IOLTA account, the state IOLTA program, and your firm’s operating account. LeanLaw is the legal billing software for law firms built on QuickBooks Online that makes running a profitable law firm straightforward and simple for everyone involved.

• When a client demands the return of the money still held in the account, the refund should be given right away since it is unearned money.
• Having the appropriate accounting software is going to make this process much more transparent for your banking institution and your law firm.
• Before this legislation, client funds could not be held in banking accounts that were set up to bear interest.
• Afterall, as the attorney, you’re the one on the hook for misusing funds from an IOLTA, even if the mistake is made by a bookkeeper or paralegal.
• The first is an IOLTA account and the second is a separate non-IOLTA client trust account.
• Despite the fact that mismanaging or commingling money in an IOLTA can result in a reprimand or even disbarment in more extreme cases, many attorneys still only have a fuzzy grasp on how to properly manage them.

Combined, these features can save time and reduce the risk of errors, making the management of IOLTA accounts more efficient. With no long-term contracts and a simple pricing structure, it’s a valuable tool for any firm seeking to streamline its IOLTA management. Accepting credit card payments can be tricky because of the potential for chargebacks and disputes. It’s essential to have a system in place to handle these transactions correctly. Funds should only be disbursed from the IOLTA account when they are earned or expenses are incurred.

Does my state have an IOLTA program?

Setting up such accounts can be lengthy, and the attorney in charge of the funds must physically visit the bank to initiate the account creation process. While every jurisdiction has its own rules that https://www.bookstime.com/ require lawyers to know and comply with, it’s unavoidable to make mistakes. Now you may identify the common potential mistakes, or even you’re dealing with them and trying to look for solutions.

Our mastermind group meets every Friday to discuss this topic and many more regarding legal accounting. Attorneys routinely receive and handle money that belongs to clients for future use such as security settlement payments, fees advanced for services not yet distributed. The other option is something that most law firms must implement because they receive small retainers from many clients, making it infeasible to open a separate account for each client. Lawyers have an ethical and legal obligation to handle client funds appropriately.

PRACTICE UPDATE: Revised Safekeeping Rules Take Effect July 1, 2023

It is always a BEST practice to review and discuss the local bar rules with your attorney-client regarding maintaining the records surrounding trust accounts, as they can be complex. A fantastic link from the folks at MyCase that provides you links to most of the state’s Bar Association rules. Sometimes, the amount of an individual client is large and holds for a long time, so an attorney can deposit the funds into an individual bank account, known as a Client Trust Account with the interest earned belonging to the client. Therefore, in 1981 state bar rules were passed that stated a law firm could place their client’s money into accounts that would indeed earn interest, but that interest would be transferred to the state IOLTA program as specified.