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Pennsylvania Supreme Court Tries to Boost IOLTA Revenue by Insisting

Thursday, May 12, 2005

  • Organization: The Brennan Center
After a period in which interest rates were at 40-year lows, the Pennsylvania Supreme Court is asking Pennsylvania's financial institutions to ensure that the rate of returns on Interest on Lawyers' Trust Accounts (IOLTA) are comparable to the rate of returns on similar accounts. In an effort to increase the amount of revenue IOLTA accounts generated for Pennsylvania's civil legal aid organizations, the court has amended its state ethics and disciplinary rules, stipulating that the interest on IOLTA accounts "shall not be less than the highest rate or dividend generally available from the financial institution to its non-IOLTA account customers when the IOLTA account meets or exceeds the same minimum balance and other account eligibility qualifications applicable to those other accounts." Previously, the rule required only that the rate of interest on IOLTA accounts not be less than the rate on interest-bearing checking accounts. Michael Reed, an IOLTA Board member and Pennsylvania Bar Association president, says that financial institutions in Pennsylvania have followed the court's rule on IOLTA accounts in the past and he "expect[s] that they will continue to do so in the future."
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