FAQ's About Pro Bono

How can I find pro bono opportunities in my area?
How do I sign-up to do pro bono?
I'm a busy person. Do I really have time to do pro bono?
What's in it for me?
What resources will be available to me as a pro bono attorney?
Many lawyers do not have expertise in poverty law. Does that cause a problem?
Lots of informal pro bono takes place in my community. Why is organized pro bono so important?
I'm active at church and/or with civic organizations. Isn't that enough?
What about malpractice issues?
Is pro bono just for urban areas?
I want to start a new pro bono program. How do I get started?
Who should be involved in developing a pro bono program?
Are there bar leaders with whom I can speak regarding their pro bono startup efforts?
How are pro bono projects administered?
I'm a judge. Is there anything that I can do?
I'm a government attorney. Is there anything that I can do?
Can I help by donating money?

FAQ's for IOLTA/IOTA

What is IOLTA/IOTA?
How does it work?
When should I place client funds in my IOLTA account?
What types of client funds should go into an IOLTA or IOTA account?
What about flat-fee agreements and retainer fee agreements?
Who must have these accounts?
Where do I establish an IOLTA or IOTA account?
How do I establish an IOLTA or IOTA account?
May I use a credit card to accept payment from a client?
When do I need to complete the IOLTA/IOTA Registration Form?
When and how is notification of a new account provided to the Foundation?
Who sends in the interest these accounts earn?
Whose tax identification number should be used?
What do I do with client funds in my IOLTA when I am unable to locate the client?
Are the funds in my IOLTA or IOTA insured from loss if something happens to the bank?
What other information is available from this site on IOLTA/IOTA?
Link to FAQs regarding administrative rules governing IOLTA/IOTA.

FAQs Concerning Attorney Registration

Do I need to register my IOLTA account?
How do I register my IOLTA account?
What information do I need to provide to the Court regarding my IOLTA account?
May I use my employer’s IOLTA account or do I need my own?
What if I don’t know my account or my firm’s account information when I first register with the Court?
If I do not need an IOLTA account what do I need to do?


FAQ's for IOLTA/IOTA Rules

What are the Rules and what is their effect?
What do the Rules mean for me as an attorney?
Is my bank an "eligible, participating financial institution" as required by the Rules?
Is my account "providing the greatest return" as required by the Rules?
What about service charges?
Is my IOLTA or IOTA account in compliance with the Rules?
What other information is available from this site on IOLTA/IOTA?
What other information is available from this site on Rules?
How do I obtain a copy of the Rules?
What if my IOLTA or IOTA account has a small average monthly balance?
What do the Rules mean for me as a financial institution in the state of Ohio?

FAQ's for Electronic Funds Transfer for IOLTA/IOTA Proceed Payments

What is EFT (electronic funds transfer)?
How do I sign up for EFT?
How do I get an application for EFT?
What payment options are available using ACH?
What is ACH Credit?
What is ACH Debit?
How long does it take to enroll in EFT?
What does ACH mean?
Are there safeguards to prevent the department or others from initiating incorrect payments?
How can I verify my payment has been made?
What fees are involved in using EFT?
Can I withdraw from the EFT program?
Once I'm signed up for EFT, how do I initiate changes?
Is there someone I can call for help?
I got a confirmation number when I used TelePay. What is it for?
What is a pre-note?
For ACH Credit, how do I get a copy of the record layout?
After I sign up for EFT, can I make a payment by check?
What if I make a mistake on my EFT payment?
What if I can't reach TelePay?

FAQ About Ohio's Legal Aid Delivery System

What is civil legal aid?
How are civil legal aid services delivered in Ohio?
How is civil legal aid funded in Ohio?
Why is there a need for civil legal aid?
How do I access civil legal aid?

FAQ's for IOLTA/IOTA

What is IOLTA/IOTA?
IOLTA and IOTA are acronyms for "Interest on Lawyers' Trust Accounts" and "Interest on Trust Accounts" respectively. The IOLTA program was established by the Ohio General Assembly in 1985, followed by IOTA in 1995. The interest earned on these accounts generates revenue for the state's legal aid fund. IOTA and IOLTA provisions are fully set out in Ohio Revised Code 3953.231 and 4705.09 and 4705.10.
Return to FAQ's for IOLTA/IOTA

How does it work?
Prior to this program, lawyers and title agents placed nominal or short-term deposits into pooled, non-interest bearing accounts for two reasons. First, due to a prohibition from collecting interest on client funds for themselves; and second, because the cost of establishing individual accounts for deposits of escrow funds outweighs the gain of any interest earned.
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Under the IOLTA/IOTA program, lawyers and title agents must place pooled escrow funds in interest-bearing accounts, with interest remitted by financial institutions to the state treasurer for deposit into the legal aid fund.
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When should I place client funds in my IOLTA account?
IOLTA accounts are only intended to be used whenever net interest cannot be earned for the client’s benefit (i.e., the funds are nominal in amount or are to be held for a short period of time and thus can not generate sufficient interest above the cost to open and maintain the account). If net interest could be earned for the client, then the funds should be deposited in a separate account for the client’s benefit.
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What types of client funds should go into an IOLTA or IOTA account?
Examples of the types of funds to be placed into these trust accounts include:
-Retainers received from clients, until they are actually earned;
-Funds which belong in part to the client and in part to the lawyer;
-Funds of the client that are being held for disbursement at a later time;
-Personal injury settlements and awards;
-Deposits required to close property transactions.
-Prepaid court costs
Unless an escrow or client's trust account is established for the sole benefit of that client, all pooled client trust accounts must be either an IOLTA or IOTA account.
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What about flat-fee agreements and retainer fee agreements?
The Board of Commissioners on Grievances and Discipline has offered Advisory Opinions on how attorneys should handle these fees. These opinions are informal, nonbinding opinions in response to prospective or hypothetical questions regarding the application of the Supreme Court Rules for the Government of the Bar of Ohio, the Supreme Court Rules for the Government of the Judiciary, the Code of Professional Responsibility, the Code of Judicial Conduct, and the Attorney’s Oath of Office. You may access these opinions from the Supreme Court of Ohio's Web site. Op. 89-07 - deposit of retainer in separate identifiable bank account. Op. 96-4 - Flat fee in criminal defense representation deposited into business account.
Return to FAQ's for IOLTA/IOTA

Who must have these accounts?
Lawyers:
Every lawyer licensed to practice in the state of Ohio who receives client funds (filing fees, unearned retainers, settlements, etc.), and maintains a pooled funds escrow account must establish it as an IOLTA account. If a lawyer is associated with or employed by a law firm, the firm's IOLTA account may be used. If a lawyer does not receive and disburse clients' funds and neither the lawyer nor the lawyer's firm maintains a pooled funds escrow or trust account in Ohio, she or he is exempt from Ohio's IOLTA provisions.
Return to FAQ's for IOLTA/IOTA

Title insurance agents:
In addition, all title insurance agents, (regardless of whether or not they are lawyers), and title insurance companies (that receive escrow funds and maintain the funds in a pooled escrow account) must establish an IOLTA or IOTA account.
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Where do I establish an IOLTA or IOTA account?
An attorney may establish an IOLTA or IOTA account at any bank, savings & loan association, credit union, or savings bank that is authorized to transact business in the state of Ohio. Most, but not all, financial institutions in the state currently participate in Ohio's IOLTA/IOTA program. In order for a bank to participate in the program, it must comply with the Rules established by OLAF for the administration of the program. You may contact OLAF to confirm whether the bank where you would like to establish an account is a participating bank. This Web site also provides additional advice on choosing a financial institution for  your account.
Return to FAQ's for IOLTA/IOTA

How do I establish an IOLTA or IOTA account?
New IOLTA and IOTA accounts must be established at, or existing accounts converted to, an eligible, participating financial institution. The participating bank should have a uniform process for establishing a new IOLTA or IOTA account that complies with the Rules established by OLAF for the administration of the program. This process, at a minimum,  should establish an IOTA account in the name of the title insurance agent or company and be identified as an "Interest on Trust Account" or IOTA and should establish an IOLTA account in the name of the attorney, firm, or association that established it and should be identified as an "Interest on Lawyers Trust Account" or IOLTA. The name of these accounts may contain additional identifying information to distinguish it from other accounts. When establishing a new account, the attorney has the responsibility to ensure that the new account will provide the greatest return possible and that only reasonable service charges will be applied to the account. Finally, once an account is established, the attorney must notify OLAF by use the IOLTA/IOTA Registration Form. While the registration form is not a prerequisite to establishing an account, the attorney must return the form once the account is established in order to complete the process for establishing a new account. The registration form is only for the purpose of notifying the Foundation that an account has been established. It does not by itself establish an account.
Return to FAQ's for IOLTA/IOTA

May I use a credit card to accept payment from a client?
Attorneys may allow clients the ability to pay costs and expenses related to the representation of the client with the client's credit card. However, the attorney is responsible for any brokerage charges or fees associated with the use of credit card. This fee, like other service charges must be paid from the attorney's operating account and from the interest earned on the client's trust account. If a client pays an attorney $10,000 using a credit card, then $10,000 must remain in the client's trust account.
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When and how is notification of a new account provided to the Foundation?
Once an account is established at a participating bank, the attorney must notify OLAF by use of the IOLTA/IOTA Registration Form. The registration form is only for the purpose of notifying the Foundation that an account has been established. It does not establish an account.  Lawyers do not need to notify the Supreme Court of Ohio when establishing an IOLTA or IOTA account. Account information will be requested by the Court during its biennial registration.
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Who sends in the interest these accounts earn?
The financial institution remits the interest from IOLTA and IOTA accounts to the State Treasurer with a monthly report detailing the account's average balance, service charges, interest rate, interest earned, and interest remitted.
Return to FAQ's for IOLTA/IOTA

Whose tax identification number should be used?
The federal tax identification number assigned to all Ohio IOLTA/IOTA accounts is 31-1126612. Financial institutions should not assign an individual's or firm's tax I.D. number to the account. There are no tax consequences to a lawyer or escrow agent, the client of a lawyer or escrow agent, a participating law firm or title company, or the recipient legal aid organization.
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What do I do with client funds in my IOLTA when I am unable to locate the client?
There are ethical and practical considerations in answering this question. The Supreme Court of Ohio's Board of Commissioners on Grievances and Discipline has offered its informal, nonbinding opinion that “when an attorney uses diligent efforts to locate a client at the client’s last known address, but the client’s whereabouts are unknown the reporting of unclaimed funds, pursuant to Ohio law (R.C. Chapter 169) upon reaching the statutory dormancy period, does not violate an attorney’s ethical duty to preserve client funds.” On a practical level, the attorney in possession of “unclaimed funds” must work with the Ohio Department of Commerce’s Division of Unclaimed Funds to report the funds in question. Contact the Division of Unclaimed Funds at:

77 South High Street , 20th Floor
Columbus , OH 43215-6108
webunfd@com.state.oh.us
(614) 466-4433
Division of Unclaimed Funds

If the ownership of funds remains unknown after diligent efforts to identify the owner, then the funds may be forwarded to the Ohio Legal Assistance Foundation. In transmitting such funds to the Foundation, please send a check from the IOLTA account and attach a detailed letter that provides as much information about the funds as available, including amount(s) being forwarded and why (e.g., the ownership of funds remains unknown after diligent efforts to identify the owner), IOLTA account number, account holder, and depository institution, and contact information for the attorney transmitting the funds. If at a later date, the ownership of the funds becomes known, then contact the Foundation for assistance.

Also see a recent Advisory Opinion from the Supreme Court of Ohio on the proper disposition of client funds in a lawyer’s IOLTA or individual client trust account if either the identity or the whereabouts of the client who is the owner of the funds is unknown.

Return to FAQ's for IOLTA/IOTA

Are the funds in my IOLTA or IOTA insured from loss if something happens to the bank?
The Federal Deposit Insurance Corporation (FDIC) announced on November 21, 2008, that effective immediately client funds deposited in IOLTA accounts at participating financial intuitions are eligible for unlimited deposit insurance coverage as part of the Temporary Liquidity Guarantee Program (TLGP). All funds in an IOLTA account, regardless of size, will now be insured in full by the FDIC and backed by the full faith and credit of the United States Government, as part of the Temporary Account Guarantee (TAG) provisions of the TLGP. Financial institutions opting out of the TAG coverage must display a notification to customers. The additional coverage is in effect until December 31, 2009, unless extended. Full text of the final Rule can be found at: http://www.fdic.gov/news/board/08BODtlgp.PDF

We encourage you to contact your financial institution to determine whether it has opted-out of the TAG program or if it is participating. Also remember that any fees the financial institution may assess for its participation in the TAG program are not eligible for deduction from the interest earned on your IOLTA account.

Finally, the FDIC rule specifically states that "Accounts commonly known as Interest on Lawyers Trust Accounts (IOLTAs) (or functionally equivalent accounts)" are included in the TAG program. The notes and comments to the rule focus on IOLTA as accounts held by an attorney or law firm for its clients. There is no specific discussion of IOTAs, as established in Ohio, which are pooled, client trust accounts for real estate escrow closings held by both attorneys and non-attorneys - although the notes and comments to the rule do use interchangeably IOLTA, IOTA, and IOLA. It is the opinion of the Foundation that client funds deposited in an Ohio IOTA account at participating financial intuitions are eligible for unlimited deposit insurance coverage as part of the Temporary Liquidity Guarantee Program (TLGP), as long as interest from the account does not inure to the benefit of the title insurance agent or agency or clients (and thus making it the equivalent of a noninterest-bearing transaction account).

Return to FAQ's for IOLTA/IOTA

What do the Rules mean for me as an attorney?
The Rules require each attorney, law firm, legal professional association, or ancillary business related to the practice of law in which the attorney is a principal, which deposits client funds in a common escrow or trust account, to establish and maintain an IOLTA or IOTA account in an eligible, participating bank. The Rules prescribe when and how the attorney must establish the account and how to notify OLAF once the account has been established. The Rules also require that the depositing attorney cooperate with and assist OLAF to ensure that the deposits are maintained in an account providing the greatest return. Finally, the Rules summarize the consequences for an attorney who fails to comply with these provisions.
Return to FAQs for IOLTA/IOTA Rules

Is my bank an "eligible, participating financial institution" as required by the Rules?
The Rules require that attorneys maintain their IOLTA and IOTA accounts at an eligible, participating financial institution. Any bank, savings & loan association, credit union, or savings bank that is authorized to transact business in the state of Ohio may participate in the IOLTA/IOTA program. Most, but not all, financial institutions in the state currently do participate. In order for a bank to participate in the program, it must comply with the Rules established by OLAF for the administration of the program and the applicable sections of the Ohio Revised Code. You may contact OLAF to confirm whether the bank where your account is currently maintained is an eligible, participating bank.
Return to FAQs for IOLTA/IOTA Rules

Is my account "providing the greatest return possible" as required by the Rules?
Generally, accounts with regularly high deposits, such as those greater than the $50,000 to $100,000 range, should earn rates commensurate with those paid on business investment, money market, or sweep account products.  If you are not sure if your bank is providing the greatest return possible, first, talk with a representative from your current bank to obtain what rates the bank is paying on it other business investment, money market, or sweep account products. If your account is not commensurate with these rates, then ask your bank to increase the rate on your account to be commensurate with these rates. Most banks will be more than willing to work with you in order to retain your business. Second, if your current bank is not willing to provide a commensurate rate, then shop around in your community for banks that will offer you such a rate. This Web site also provides advice on choosing a financial institution for  your account. Finally, you may contact OLAF to obtain assistance to ensure that your bank does provide the greatest return possible.
Return to FAQs for IOLTA/IOTA Rules

What about service charges?
Financial institutions may waive service charges on IOLTA/IOTA accounts. If such charges are not waived, only reasonable service charges may be deducted from the interest earned on the account. Reasonable service charges include normal monthly maintenance fees or deposit and check transaction charges. If the interest is insufficient to cover the charges, and the institution does not waive the difference, the named account owner is responsible for the balance. Charges for services such as check printing, overdraft penalties/protection, electronic transfer fees, stop payment fees, return deposit fees, credit card brokerage fees, etc., are the account owner's responsibility and may not be deducted from the interest earned. The account holder may deposit such additional funds into the account as may be necessary to cover charges in excess of interest earned, or to meet a minimum balance requirement by the financial institution that would enable waiver of all service charges.
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Is my IOLTA or IOTA account in compliance with the Rules?
Your account is in compliance with the Rules if it is at an eligible, participating financial institution, providing the greatest return possible and that only reasonable service charges are applied. After reading the material on this Web site and the Rules, if your are not sure if your account is in compliance, then contact you bank to discuss these points. In order to retain your business, most banks are more than willing to meet with you and make the necessary adjustments to your account. If, after meeting with your bank, you are still not sure if your account is in compliance, then contact OLAF to discuss any concerns or questions that you may have.
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What if my IOLTA or IOTA account has a small average monthly balance?
For an account with an average monthly balance below $10,000 or that almost never goes above $50,000, the account interest rate specific provisions of the Rules do not apply.  However, the bank at which the account is located must still be an eligible, participating financial institution and only reasonable service charges may be applied to your account. If your account maintains an average monthly balance below $10,000 or almost never goes above $50,000, then your are still encouraged to negotiate with your bank for greatest return possible.
Return to FAQs for IOLTA/IOTA Rules

Questions may be directed to the Foundation at 1-800-877-9772 or in the Columbus area at (614) 752-8919.

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