In addition to designating the successor signatory, the Supreme Court judge who considers the application may direct the disbursement of the escrow funds and may order that the funds be deposited with the Lawyers’ Fund for Client Protection for safekeeping.ĭISCLAIMER: This article provides general coverage of its subject area and is presented to the reader for informational purposes only with the understanding that the laws governing legal ethics and professional responsibility are always changing. Counsel for an attorney disciplinary committeeĪ lawyer who assists in the application is not permitted to charge a fee for his services.An officer of a city or county bar association.Any person with a beneficial interest in the escrow account.A lawyer who was affiliated with the deceased in the practice of law.The legal representative of the lawyer ‘s estate.Any one of a number of designated persons may make the application : The application must be made in the judicial district in which the deceased lawyer maintained his law office. Upon the death of a lawyer who was the sole signatory on an attorney trust, escrow or special account, an application may be made to the Supreme Court for an order designating a successor signatory for such trust, escrow or special account who shall be a member of the bar in good standing and admitted to the practice of law in New York State. Judge Duane Hart granted the request.Īttorney Kane followed the procedure set forth in DR 9-102(G) (1): Kane.Īs attorney for Captain Hynes’ widow, Administrator of the Captain’s estate, Attorney Kane asked the court to add him and his law partner as signatories to the Hynes IOLA account. He was the only signatory on the account.Ĭaptain Hynes did occasional per diem legal work for attorney Robert H. At his death, Captain Hynes left an IOLA account containing $54,537.65 in client funds. Captain Hynes was also an attorney who practiced part-time from his home. He died at the World Trade Center on Sept. Walter Hynes was a Captain in the New York City Fire Department. Citibank, NA, outlines the procedure to follow when a single practitioner dies leaving undisbursed client funds in his attorney escrow account. More information about how IOLTA funds are used in the public interest is available in the IOLTA Committee’s annual report.By Lazar Emanuel Since its inception in 1985, the IOLTA Committee has distributed more than $358 million. The interest earned on IOLTA accounts and other funds distributed by the IOLTA Committee are essential to helping to close this justice gap. Legal aid programs provide free civil legal services but, due to insufficient funding, legal aid organizations in Massachusetts are forced to turn away nearly 60% of eligible people seeking help. Unlike criminal defendants, people facing serious civil legal problems-such as domestic violence, housing insecurity, employment, government benefits, consumer debt, and elder issues-generally do not have the right to an attorney if they cannot afford one. Grants to improve the administration of justice include such efforts as alternative dispute resolution projects, lawyer- for-day programs at courthouses, and legal clinics. These three entities use the IOLTA funds to make grants to local civil legal services programs that employ staff attorneys, paralegals, volunteer lawyers, law students, and community advocates to represent clients in family, housing, consumer, employment, education, disability, and similar legal matters. Specifically, IOLTA funds are received by the IOLTA Committee and then distributed among three charitable entities: The Boston Bar Foundation, The Massachusetts Bar Foundation, and The Massachusetts Legal Assistance Corporation. Interest earned from IOLTA accounts is used to support these law-related public service programs. The mission of the IOLTA Committee is to increase access to justice for all residents of the Commonwealth by funding and supporting programs that provide civil legal services to low- and moderate-income esidents and initiatives that improve the administration of justice.
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