PA   IOLTA BOARD

Helping to Secure Equal Access to Justice

HANDLING FUNDS OF OTHERS

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The IOLTA Board expresses its gratitude to a drafting committee for the effort and expertise they generously donated in drafting this pamphlet titled "Fiduciary Requirements For Lawyers In Pennsylvania Handling Property of Clients and Others." The following lawyers comprised the drafting committee:

 

Robert H. Davis, Jr., Esq. (Harrisburg), Chair; Samuel D. Miller, III, Esq. (Norristown); and Edwin R. Frownfelter, Esq. (Lemoyne).

 

In addition, the Board thanks Elyse E. Rogers, Esq. of the firm Mette, Evans & Woodside (Harrisburg), and Brian L. Melgary, a student at the Dickinson School of Law (Carlisle), for their research and drafting contribution to this pamphlet. Finally, the Board expresses its appreciation to the Committee on Professional Discipline of the Association of the Bar of the City of New York for its kind permission to use portions of its pamphlet Other People's Money: Procedures and Pitfalls in Handling Client Funds (Michael Garrett, drafter), on which this pamphlet is based.

 

Preface

What Funds are Subject to RPC 1.15


The Basic Rules

 

Duty to Hold Separate


Duty of Notice


Duty of Recordkeeping


Required Records


Recordkeeping Procedures

 

Computerized Recordkeeping


Records Retention


Duty to Account


Requirement of Delivery


Selecting a Financial Institution

 

Mandatory Overdraft Notification

 

IOLTA

 

Conclusion