In Re: Adoption of Amendment to Rule 1.15, Arkansas Rules of Professional Conduct, and Enabling Powers for the Arkansas Iolta Foundation, Inc.
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IN RE: PROPOSED AMENDMENT OT RULE 1.15,
ARKANSAS RULES OF PROFESSIONAL CONDUCT,
AND ENABLING POWERS FOR THE ARKANSAS IOLTA
FOUNDATION, INC.
06625
___ S.W.3d ___
Supreme Court of Arkansas
Opinion delivered June 29, 2006
PER CURIAM. The Arkansas IOLTA Foundation, Inc., has filed a petition with the court
proposing to revise Rule 1.15 of the Arkansas Rules of Professional Conduct and seeking certain
powers for the IOLTA Board of Directors. The objectives of the proposed amendments are
summarized in Paragraph III of the Petition:
The changes proposed in this Petition relate primarily to a wider variety of new banking
products ... to the types of financial institutions that may hold IOLTA accounts, and to certain
banking practices ... that negatively impact attorney IOLTA revenue. In addition, the Petition
seeks enabling powers for the Foundations’s Board.
With respect to the Board’s powers, the proposal seeks to “delineate the Board’s authority to monitor
and enforce the Rule.” (Paragraph IX)
These powers would include determining what are low interest rates, what are unreasonable
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charges, and the authority to decertify banks that pay low interest rates or charge
unreasonable fees or do not apply a standard of comparability to IOLTA account and non
IOLTA accounts. These powers would also include evaluating and approving new banking
product for IOLTA accounts as they become available. Finally, these powers would include
analyzing banking practices and prohibiting those that significantly diminish IOLTA revenue
when these practices are not applied to nonIOLTA accounts with similar balances.
(Paragraph IX)
The petition and proposed rule (with changes noted) are reproduced below, and the
Petitioner’s position is more fully explained therein. We publish them for comment from the bench
and bar. The comment period shall expire October 1, 2006.
Comments should be in writing and addressed as follows: Clerk, Arkansas Supreme Court,
Attention IOLTA Rule 1.15, Justice Building, 625 Marshall Street, Little Rock, AR 72201.
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IN RE: PROPOSED AMENDMENT TO RULE 1.15, ARKANSAS RULES OF PROF’L CONDUCT, &
ENABLING POWERS FOR THE ARKANSAS IOLTA FOUND., INC.
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IN THE SUPREME COURT OF ARKANSAS
ARKANSAS IOLTA FOUNDATION, INC.
IN RE: MODEL RULE OF PROFESSIONAL
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PETITIONER
IN RE: PROPOSED AMENDMENT TO RULE 1.15, ARKANSAS RULES OF PROF’L CONDUCT, &
ENABLING POWERS FOR THE ARKANSAS IOLTA FOUND., INC.
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CONDUCT 1.15 AND ENABLING
POWERS FOR THE FOUNDATION
PETITION TO REVISE RULE 1.15
The Arkansas IOLTA Foundation, Inc., acting through its Board President, Mr.
Larry E. Kircher, and its Board Chair of the LongRange Planning Committee, Mr. Frank
Sewall, and Board and Committee Member, Mr. Nate Coulter, with specific direction by
vote of its Board of Directors, and in an effort to assist the Court in discharging its
responsibility under Amendment 28 to the Constitution of the State of Arkansas to
regulate the practice of law, petitions the Supreme Court of Arkansas to revise
Arkansas Rule 1.15 of Professional Conduct by replacing it with the proposed revision
which is attached as Exhibit A.
I.
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In 1984 the Arkansas Supreme Court approved a petition brought by the
Arkansas Bar Association to establish a voluntary IOLTA program in Arkansas.
Subsequently the Court has amended the Rule from time to time.
II.
In 1994 the Arkansas IOLTA Foundation, Inc. petitioned the Court to modify Rule
1.15 to change participation in the Arkansas InterestonLawyers’Trust Accounts
program from voluntary to comprehensive. The change was sought to increase
revenue for the Foundation’s mission:
·
For legal aid to the poor;
·
For student loans and scholarships;
·
For improvement of the administration of justice; and
·
For such other purposes as the Court may from time to time approve and as
meet the qualifications of the Court’s Order.
The Arkansas Supreme Court approved this petition on October 17, 1994 to be
effective on January 1, 1995.
III.
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The changes proposed in this Petition relate primarily to a wider variety of new
banking products (such as sweep and money market accounts), to the types of financial
institutions that may hold IOLTA accounts, and to certain banking practices—such as
negative netting—that negatively impact attorney IOLTA revenue. In addition, the
Petition seeks enabling powers for the Foundation’s Board.
IV.
The current version of the Rule reflects products promoted by banks during the
eighties and nineties. This Petition seeks to make technical changes that reflect
current banking products and practices that offer attorneys a wider variety of
investment choices and that may increase attorney IOLTA revenue. For example,
under the current Rule attorneys may use only NOW or SuperNOW checking accounts
for their IOLTA accounts at banks, savings and loan associations, or credit unions.
These checking accounts are among the lowestinterestpaying bank products now on
the market. In addition to these checking accounts, the proposed changes would
permit money market funds, sweep accounts, and overnight repurchase agreements as
choices that attorneys may select for their IOLTA accounts. While these banking
products are subject to credit risks, the risks are commonly accepted by banks
themselves when investing their own funds for higher return rates. Additionally,
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attorneys would have the option of working with investment companies as well as
banks, credit unions, and savings and loan associations.
V.
The current rule also reflects banking practices common in the eighties and
nineties, when banks served primarily the county in which they maintained their head
offices. Practices have changed with the advent of statewide and regional banking.
Some regional banks have a practice of negative netting, i.e., fees or charges in excess
of the interest earned on one account are taken from the interest earned on other
IOLTA accounts at that bank. This diminishes attorney IOLTA revenue.
Another problematic area concerns the current Rule’s use of language that
requires interest paid on IOLTA accounts to be the same as that paid to nonlawyer
customers “on accounts of the same class within the same institution.” Some banks
have designated IOLTA accounts as a separate class of accounts and assigned an
interest rate to them as a class within the bank. Proposed replacement language
focuses on comparability: the highest interest rate paid to nonIOLTA account holders
must also be paid by the institution to its IOLTA accountholders when IOLTA account
balances meet or exceed the same minimum balance as the nonIOLTA account. An
example of comparability is this: an Arkansas attorney has an IOLTA account with an
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average daily collected balance of more than $250,000. A NOW checking account
earns interest of 0.08%. No doubt there is a nonIOLTA account at the same bank with
the same average daily collected balance but earning more than 0.08% interest
because the account is held in a different investment vehicle negotiated between the
banker and the nonIOLTA account holder when the account was opened.
VI.
Several states have implemented rule changes consistent with those being
proposed in Exhibit A. These states—Alabama, Florida, Michigan, and Texas—have
reported increased attorney IOLTA revenue, although the reports are tempered by the
fact that interest rates have also increased slightly and it is difficult to pinpoint precise
results tied to the rule changes. These states also report that attorneys have reacted
favorably to the increased range of bank products available to them for their IOLTA
accounts.
VII.
The Arkansas IOLTA Foundation, Inc. determined to study these rule changes
and evaluate their appropriateness for the Arkansas program. Mr. Larry E. Kircher,
President of the Board, appointed a special subcommittee to assist the LongRange
Planning Committee in evaluating and discussing these proposed changes. The Board
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felt that significant banking representation should be included to assist with new
banking processes and product information. The following people worked to evaluate
and recommend these rule changes: Mr. Frank B. Sewall, attorney and Chair of the
Board’s LongRange Planning Committee; Mr. Earnest E. Brown, Jr., attorney and
Board member; Mr. Nate Coulter, attorney and Board member; Mr. James D. Gingerich,
attorney and liaison from the Administrative Office of the Courts; Mr. Don
Hollingsworth, attorney and liaison and Executive Director, Arkansas Bar Association;
Mr. Larry E. Kircher, Board President and President, Citizens State Bank, Bald Knob;
Mr. John Monroe, Metropolitan National Bank; Mr. Robert Plummer, Pulaski Trust &
Raymond James; Mr. Steven C. Wade, Simmons First National Bank; and Ms. Susie
Pointer, the Foundation’s Executive Director.
These committee members reviewed rule changes in Alabama, Florida, Michigan
and Texas. The committee members and the Foundation Board believe that the
proposed changes now before the Court will result in a wider range of financial services
and products for the convenience of attorneys and bankers and may result in increased
revenue for the Arkansas IOLTA program.
VIII.
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A redlined version of Rule 1.15, showing how the current Rule would be
changed if the Court adopts the proposed recommendations is attached as Exhibit A.
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IX.
Because of the ongoing relationship of the IOLTA Foundation with banks and
attorneys established by Rule 1.15, the Board of the Foundation requests that the
Court delineate the Board’s authority to monitor and enforce the Rule. For example, if
a bank fails to comply with the comparability interest rate requirement or charges what
the Board believes to be an unreasonable fee, the Board is uncertain that it has the
authority to decertify that bank from participation in the IOLTA program. Similarly, with
regard to the language mentioned earlier—“on accounts of the same class within the
same institution”—it is not clear whether the Board has the authority to direct the bank
to discontinue the practice or end its participation in the IOLTA program. In its Per
Curiam Order of September 17, 1984, at Finding 6, the Court created a new nonprofit
corporation with a Board of Directors to receive the interest from IOLTA accounts and
to distribute the income according to the four categories set out on page 2 of this
Petition. The Board of the Foundation petitions the Court to amend its original Per
Curiam Order to give specific enabling powers to the Foundation’s Board to perform
work necessary to monitor and enforce compliance with Rule 1.15. These powers
would include determining what are low interest rates, what are unreasonable charges,
and the authority to decertify banks that pay low interest rates or charge unreasonable
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fees or do not apply a standard of comparability to IOLTA accounts and nonIOLTA
accounts. These powers would also include evaluating and approving new banking
products for IOLTA accounts as they become available. Finally, these powers would
include analyzing banking practices and prohibiting those that significantly diminish
IOLTA revenue when these practices are not applied to nonIOLTA accounts with
similar balances.
X.
The Arkansas IOLTA Foundation, Inc., through its Board of Directors, now
requests:
1.
The Court provide an opportunity for input from the public and the
profession on the proposed changes to Rule 1.15.
2.
The Court review and evaluate the proposed changes to Rule 1.15,
the comments received from the profession and the public, and review
any other information that the Court deems useful.
3.
Substitute the proposed Rule 1.15 for the current Rule 1.15.
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4.
The Court amend its original Per Curiam Order to grant such
enabling powers as it deems fit to the Board of the Foundation to perform
work necessary to monitor and enforce compliance with Rule 1.15.
XI.
The Arkansas IOLTA Foundation, Inc. petitions the Court for adoption of this
Petition.
Respectfully submitted:
_______________________________________
Larry E. Kircher, President, Arkansas IOLTA Foundation, Inc.
President, Citizens State Bank, Bald Knob
_______________________________________
Frank B. Sewall, Attorney and Chair, LongRange Planning Committee
_______________________________________
Nate Coulter, Attorney and Board and LRP Committee Member
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IN RE: PROPOSED AMENDMENT TO RULE 1.15, ARKANSAS RULES OF PROF’L CONDUCT, &
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Language to be removed is struck through; new language is underlined.
EXHIBIT A
RULE 1.15. SAFEKEEPING PROPERTY AND TRUST ACCOUNTS
DEFINITIONS. As used in this rule, the terms below shall have the following meaning:
“IOLTA account” means an interest or dividendbearing trust account benefitting the
Arkansas IOLTA Foundation, Inc. established in an eligible institution for the deposit of
nominal or shortterm funds of clients or third persons, which may be withdrawn upon
request as soon as permitted by law.
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“Eligible institution” for IOLTA accounts means a depository bank or savings and loan
association or credit union authorized by federal or state laws to do business in
Arkansas, whose deposits are insured by an agency of the federal government, or any
openend investment company registered with the Securities and Exchange
Commission and authorized by federal or state laws to do business in Arkansas. In
addition, an eligible institution must either (1) maintain a physical office in the state of
Arkansas or (2) be owned by a bank holding company regulated by the Federal
Reserve System, of which a subsidiary federallyinsured depository bank or savings
and loan association or credit union maintains a physical office in the state of
Arkansas. Eligible institutions must meet the requirements set out in section (b) below.
“Interest or dividendbearing trust account” means a federally insured checking
account or an investment product, including a sweep product and a daily (overnight)
financialinstitution repurchase agreement or an openend money market fund. A daily
financialinstitution repurchase agreement must be fully collatralized by U.S.
Government Securities; an openend moneymarket fund must invest primarily in U.S.
Government Securities or repurchase agreements fully collateralized by U.S.
Government Securities. A daily financialinstitution repurchase agreement may be
established only with an eligible institution that is “well capitalized” or “adequately
capitalized” as those terms are defined by applicable federal statutes and regulations.
An openend moneymarket fund must hold itself out as a moneymarket fund as
defined by applicable federal statutes and regulations under the Investment Company
Act of 1940 and, at the time of investment, have total managed assets of at least
$250,000,000. The funds covered by this rule shall be subject to withdrawal upon
request and without delay.
“Allowable reasonable fees” means: (1) per check charges, (2) per deposit charges, (3)
a fee in lieu of minimum balance, (4) federal deposit insurance fees, (5) sweep fees,
12b1 fees, and subaccounting fees, and (6) a reasonable IOLTA account
administrative fee.
“U.S. Treasury securities” means direct obligations of the federal government of the
United States.
“Repurchase agreements” means transactions in which a fund buys a security from a
dealer or bank and agrees to sell the security back at a mutually agreedupon time and
price. The repurchase price exceeds the sale price, reflecting the fund’s return on the
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transaction. This return is unrelated to the interest rate on the underlying security.
Repurchase agreements are subject to credit risks.
(a) Safekeeping property.
(1) A lawyer shall hold property of clients or third persons, including prospective
clients, that is in a lawyer's possession in connection with a representation
separate from the lawyer's own property.
(2) Property, other than funds of clients or third persons, shall be identified as
such and appropriately safeguarded.
(3) Complete records of trust account funds and other property shall be kept by
the lawyer and shall be preserved for a period of five years after the termination
of the representation or the last contact with a prospective client.
(4) A lawyer shall maintain on a current basis books and records in accordance
with generally accepted accounting practice and comply with any record keeping
rules established by law, rule, or court order.
(5) Upon receiving funds or other property in which a client or third person has
an interest, a lawyer shall promptly notify the client or third person in writing.
Except as stated in this Rule or otherwise permitted by law or by agreement with
the client, a lawyer shall promptly deliver to the client or third person any funds
or other property that the client or third person is entitled to receive and, upon
request by the client or third person, shall promptly render a full written
accounting regarding such property to the client or third persons.
(6) When in the course of representation a lawyer is in possession of property in
which two or more persons (one of whom may be the lawyer) claim interests, the
property shall be kept separate by the lawyer until the dispute is resolved. The
lawyer shall promptly distribute all portions of the property as to which the
interests are not in dispute.
(b) Trust Accounts: IOLTA trust accounts and nonIOLTA trust accounts.
(1) Funds of a client shall be deposited and maintained in one or more separate,
clearly identifiable trust accounts in the state where the lawyer's office is
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situated, or elsewhere with the consent of the client or third person.
(2) A lawyer shall deposit into a client trust account legal fees and expenses that
have been paid in advance, to be withdrawn by the lawyer only as fees are
earned or expenses incurred.
(3) A lawyer may deposit funds belonging to the lawyer or the law firm in a client
trust account for the sole purposes of paying bank services charges on that
account, or to comply with the minimum balance required for the waiver of bank
charges, but only in the amount necessary for those purposes, but not to exceed
$500.00 in any case. Such funds belonging to the lawyer or law firm shall be
clearly identified as such in the account records.
(4) Each trust account referred to in section (b)(1) shall be an IOLTA account
held at an eligible institution.
(4) Each trust account referred to in section (b) (1) shall be an interestbearing
trust account in a bank, savings bank, trust company, savings and loan
association, savings association, credit union, or federally regulated investment
company, and the institution shall be insured by an agency of the federal
government.
(5) Each such trust account shall provide overdraft notification to the Executive
Director of the Office of Professional Conduct for the purpose of reporting
whenever any properly payable instrument is presented against a lawyer trust
account containing insufficient funds, irrespective of whether or not the
instrument is honored. The financial institution shall report simultaneously with
its notice to the lawyer the following information:
(i) In the case of a dishonored instrument, the report shall be identical to the
overdraft notice customarily forwarded to the depositor, and should include a
copy of the dishonored instrument, if such a copy is normally provided to
depositors;
(ii) In the case of instruments that are presented against insufficient funds but
which instruments are honored, the report shall identify the financial institution,
the lawyer or law firm, the account number, the date of presentation for payment,
and the date paid, as well as the amount of overdraft created thereby.
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(6) A lawyer who receives client funds which, in the judgment of the lawyer, are
nominal in amount, or are expected to be held for such a short period of time
that it is not practical to earn and account for income on individual deposits,
shall create and maintain an interestbearing, multiclient trust account ("IOLTA"
account) for such funds. The account shall be maintained in compliance with the
following requirements:
(i) The trust account shall be maintained in compliance with sections
(b)(1) (b)(5) of this Rule and the funds shall be subject to withdrawal
upon request and without delay;
(ii) No earnings from the account shall be made available to the lawyer or
law firm; and,
(iii) The interest accruing on this account, net of allowable reasonable
fees, shall be paid to the Arkansas IOLTA Foundation, Inc. All other fees
and transaction costs shall be paid by the lawyer or law firm.
(iii) The interest accruing on this account, net of reasonable check and
deposit processing charges which shall only include any items deposited
charge, monthly maintenance fee, per item check charge, and per deposit
charge, shall be paid to the Arkansas IOLTA Foundation, Inc. All other
fees and transaction costs shall be paid by the lawyer or law firm.
(7) Participation in the IOLTA program is voluntary for banks, savings and
loan associations, and investment companies. Any eligible institution that
elects to provide and maintain IOLTA accounts shall do so according to the
following terms:
(i) Determination of Interest Rates and Dividends. Eligible institutions that
maintain IOLTA accounts that are, or are invested in, interest
bearing
deposits or daily financialinstitution repurchase agreements
shall pay no less than the highest rate and dividend generally available
from the institution to its nonIOLTA account customers when IOLTA
accounts meet or exceed the same minimum balance or other eligibility
qualifications, if any. In determining the highest rate or dividend generally
available from the institution to its nonIOLTA accounts, eligible
institutions may consider factors, in addition to the balance in the IOLTA
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account, customarily considered by the institution when setting interest
rates or dividends for its customers, provided that such factors do not
discriminate between IOLTA accounts and accounts of nonIOLTA
customers, and that these factors do not include the fact that the account
is an IOLTA account. The eligible institution may offer, and the lawyer
may accept, a sweep account that provides a mechanism for the
overnight investment of balances in the IOLTA account into a daily
financial institution repurchase agreement or a moneymarket fund.
However, this Rule shall not require any eligible institution to offer or
otherwise make available sweep accounts for IOLTA accounts.
(ii) Written Agreements. There shall be a written agreement between the
lawyer and the eligible institution, designating interest on the IOLTA
account be remitted to the Arkansas IOLTA Foundation, Inc. on a monthly
basis.
(iii) Interest Rates and Dividends. Eligible institutions shall maintain
IOLTA accounts that pay the highest interest rate or dividend generally
available from the institution to its nonIOLTA account customers when
IOLTA accounts meet or exceed the same minimum balance or other
account eligibility qualifications, if any.
(iv) Reasonable Fees. Reasonable fees means (1) per check charges,
(2) per deposit charges, (3) a fee in lieu of minimum balances, (4) federal
deposit insurance fees, (5) sweep fees, 12b1 fees, and subaccounting
fees, and (6) a reasonable IOLTA account administrative fee.
Reasonable fees are the only service charges or fees permitted to be
deducted from interest earned on IOLTA accounts. Reasonable fees may
be deducted from interest on an IOLTA account only at such rates and
under such circumstances as is the eligible institution’s customary
practice for all of its customers with interestbearing accounts. All other
fees and charges shall not be assessed against the accrued interest on
the IOLTA account but rather shall be the responsibility of, and may be
charged to, the lawyer maintaining the IOLTA account.
(v) Negative Netting Prohibited. Fees or charges in excess of the interest
earned on the account for any month shall not be taken from interest
earned on other IOLTA accounts or from the principal of the account.
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(vi) Reporting Requirements. A statement should be transmitted monthly
to the Arkansas IOLTA Foundation, Inc. with each remittance showing the
period for which the remittance is made, the name of the lawyer or law
firm from whose IOLTA account the remittance is being sent, the IOLTA
account number, the average daily rate applied, the gross interest or
dividend earned during the period, the amount and description of any
service charges or fees assessed during the remittance period, and the
net amount of interest or dividend remitted for the period. The
Foundation
supplies a monthly remittance form tailored to each bank
listing the
required information; however, should the bank elect
to generate its own
report, the requirements in this section must be
addressed.
(8) All client funds shall be deposited in the account specified in section
(b)(6), unless they are deposited in a separate interestbearing account
("nonIOLTA" account) for a specific and individual matter for a particular
client. There shall be a separate account opened for each such particular
client matter. Interest so earned must be held in trust as property of each
client in the same manner as is provided in this Rule.
(8) The interest paid on the account shall not be less than, nor the fees and charges
assessed greater than, the rate paid or fees and charges assessed, to any non
lawyer customers on accounts of the same class within the same institution.
(9) The decision whether to use an "IOLTA" account specified in section (b)(6) or a
"nonIOLTA" account specified in section (b)(8) is within the discretion of the lawyer.
In making this determination, consideration should be given to the following:
(i) The amount of interest which the funds would earn during the period
they are expected to be deposited; and,
(ii) The cost of establishing and administering the account, including the
cost of the lawyer's or law firm's services.
(10) All lawyers who maintain accounts provided for in this Rule, must convert their
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client trust account(s) to interestbearing account(s) with the interest to be paid to
the Arkansas IOLTA Foundation, Inc. no later than six months from the date of the
order adopting this Rule, unless the account falls within subsection (b)(8). Every
lawyer practicing or admitted to practice in this State shall, as a condition thereof,
be conclusively deemed to have consented to the reporting requirements mandated
by this rule. All lawyers shall certify annually that they, their law firm or professional
corporation is in compliance with all sections and subsections of this Rule.
(11) A lawyer shall certify, in connection with the annual renewal of the lawyer's
license, that the lawyer is complying with all provisions of this rule. Certification
shall be made on a form provided by and in a manner designated by the Clerk of the
Supreme Court.
(12) A lawyer or a law firm may be exempt from the requirements of this rule if the
Arkansas IOLTA Foundation's Board of Directors, on its own motion, has exempted
the lawyer or law firm from participation in the Program for a period of no more than
two years when service charges on the lawyer's or law firm's trust account equal or
exceed any interest generated.
COMMENT:
[1] A lawyer should hold property of others with the care required of a professional
fiduciary. Securities should be kept in a safe deposit box, except when some other form
of safekeeping is warranted by special circumstances. All property that is the property
of clients or third persons, including prospective clients, must be kept separate from the
lawyer's business and personal property and, if monies, in one or more trust accounts.
Separate trust accounts may be warranted when administering estate monies or acting
in similar fiduciary capacities.
[2] While normally it is impermissible to commingle the lawyer's own funds with client
funds, paragraph (b)(3) provides it is permissible when necessary to pay bank service
charges on that account. Accurate records must be kept regarding which part of the
trust account funds are the lawyer's.
[3] Lawyers often receive funds from which the lawyer's fee will be paid. The lawyer is
not required to remit to the client funds that the lawyer reasonably believes represent
fee owed. However, a lawyer may not hold funds to coerce a client into accepting the
lawyer's contention. The disputed portion of the funds must be kept in a trust account
___________________________
PER CURIAM 10
21
IN RE: PROPOSED AMENDMENT TO RULE 1.15, ARKANSAS RULES OF PROF’L CONDUCT, &
ENABLING POWERS FOR THE ARKANSAS IOLTA FOUND., INC.
Page 22
Cite as 36_ Ark. ___ (2006)
and the lawyer should suggest means for prompt resolution of the dispute, such as
arbitration. The undisputed of the funds shall be promptly distributed.
[4] Paragraph (a)(6) also recognizes that third parties may have lawful claims against
specific funds or other property in a lawyer's custody, such as a client's creditor who
has a lien on funds recovered in a personal injury action. A lawyer may have a duty
under applicable law to protect such thirdparty claims against wrongful interference by
the client. In such cases, when the third party claim is not frivolous under applicable
law, the lawyer must refuse to surrender property to the client until the claims are
resolved. A lawyer should not unilaterally assume to arbitrate a dispute between the
client and the third party, but, when there are substantial grounds for dispute as to the
person entitled to the funds, the lawyer may file an action to have a court resolve the
dispute.
[5] The obligations of a lawyer under this Rule are independent of those arising from
activity other than rendering legal services. For example, a lawyer who serves only as
an escrow agent is governed by the applicable law relating to fiduciaries even though
the lawyer does not render legal services in the transaction and is not governed by this
Rule.
[6] A lawyers' fund for client protection provides a means through the collective efforts
of the bar to reimburse persons who have lost money or property as a result of
dishonest conduct of a lawyer. Where such a fund has been established, a lawyer must
participate where it is mandatory, and, even when it is voluntary, the lawyer should
participate.
___________________________
PER CURIAM 10
22
IN RE: PROPOSED AMENDMENT TO RULE 1.15, ARKANSAS RULES OF PROF’L CONDUCT, &
ENABLING POWERS FOR THE ARKANSAS IOLTA FOUND., INC.
Page 23
Cite as 36_ Ark. ___ (2006)
___________________________
PER CURIAM 10
23
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