Commission on IOLTA - Description of Commission
To support the initiation and operation of IOLTA programs, the ABA created the Commission on IOLTA in 1986. The ABA Commission on IOLTA, consisting of nine members: (1) collects, maintains, analyzes and disseminates information on programs involving the use of interest on lawyers' trust accounts for the support of law-related public service activities; (2) makes recommendations for ABA policy on the creation and operation of IOLTA programs; (3) maintains liaisons with state IOLTA programs; and (4) oversees the IOLTA Clearinghouse, which provides information, materials and technical assistance on IOLTA program design and operation.
The ABA Commission on IOLTA monitors developments in areas that may affect IOLTA operations such as banking, grantmaking, tax law and constitutional law.
The ABA has supported IOLTA for 20 years. Beginning in 1978, it provided information on the development of American and foreign IOLTA programs to interested bar associations, legal services providers and states. In 1981, the ABA formed the Advisory Board and Task Force on Interest on Lawyer Trust Accounts, which reported to the ABA Board of Governors in 1982. The report resulted in the Board of Governors' 1983 adoption of a resolution in support of IOLTA. The ABA House of Delegates also has adopted two resolutions in support of IOLTA.
In 1982, the ABA Standing Committee on Ethics and Professional Responsibility issued an opinion that examined the ethical implications of a lawyer's participation in an IOLTA program. The opinion concluded that it is ethically permissible for a lawyer to participate in an IOLTA program authorized by a state. See ABA Formal Opinion 348 (July 23, 1982).
The ABA has supported IOLTA programs against several constitutional challenges. At the ABA Commission on IOLTA's request, the association has filed five amicus curiae briefs in support of the Texas IOLTA program:
- On appeal twice before the Fifth Circuit Court of Appeals
- On rehearing en banc before the Fifth Circuit Court of Appeals
- On petition for writ of certiorari before the U.S. Supreme Court
- On the merits before the U.S. Supreme Court
Also at the ABA Commission IOLTA's request, the ABA filed an amicus curiae brief in support of the Washington State IOLTA program before the Ninth Circuit Court of Appeals, and one in support of the Massachusetts IOLTA program before the First Circuit Court of Appeals.
IOLTA Clearinghouse
312/988-5747
The IOLTA Clearinghouse consists of files organized by state and topic, as well as a computer database of program information. Both are used to respond to technical assistance requests from state IOLTA programs and others interested in civil legal services to the indigent.
If you are interested in more information about the IOLTA Clearinghouse, send an email to .
CURRENT MEMBERS OF COMMISSION ON IOLTA
