常见问题

是的，如果你收到了符合IOLTA条件的资金. You are not required to have any client trust accounts until you begin to receive trust funds. 例如, lawyers who are not in private practice may never receive IOLTA eligible funds. 当你开始代表客户接收资金时, 比如预支费用或不劳而获的费用, you must maintain either a separate trust account for each client (if the amount is expected to earn interest for the client in excess of the cost of maintaining the account), or an interest bearing common–client or “pooled” trust account to hold the funds of more than one client. Advance fee payments such as flat fees or sums against which an hourly rate will be applied are typically deposited into the D.C. IOLTA帐户. 未获得病人的知情同意, 客户预付的费用必须存入信托账户. 大多数公司将这些预付费用存入银行.C. IOLTA帐户 because the advances are considered either nominal in amount or to be held for a short period of time and therefore any interest earned in an individual trust account would be consumed by the expense of administration. 因此，如果您收到IOLTA符合条件的资金，您必须获得D.C. IOLTA帐户. If money you receive as a lawyer is for payment of legal services you have already provided, 例如, 你完成了工作, 寄了一张账单，并得到了付款, 那么你就不需要任何形式的信托账户了.

是的，有两个有限的例外. 信托基金不存入D.C. IOLTA when the lawyer is otherwise compliant with the contrary mandates of a tribunal. 换句话说, if a court order directs the lawyer to place trust funds in an account other than a D.C. 根据法律规定，澳门赌场官网必须遵守. The second exception occurs when the lawyer is participating in 并且符合 the IOLTA program of another jurisdiction where the lawyer is licensed and principally practices. 例如, 如果澳门赌场官网在马里兰州有执照并且主要在马里兰州执业, IOLTA合格资金来自D.C. 客户 can be deposited into the Maryland IOLTA帐户 and the lawyer would not need a D.C. IOLTA帐户.

澳门赌场官网可以向司法部寻求额外的指导.C. 澳门赌场官网协会法律道德顾问，电话202-737-4700，分机. 1010或at (电子邮件保护).

The same financial institution where you have your business (operating) account should be able to help you set it up using the proper forms, but you may choose any financial institution that is on the list of approved financial institutions. 获批准金融机构的名单，可从.C. 酒吧基础 (202-467-3750) or from the 专业责任委员会 (202-638-4290). If the person you are dealing with at the financial institution does not know what an IOLTA帐户 is, 去找另一个人, 分支, 或者金融机构, or call the IOLTA program administrator (202-467-3750) or the Practice Management Advisor of the D.C. 咨询电话:202-780-2762或202-780-2764.

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注意:许多银行使用这种形式. 然而, take the form with you when you open an IOLTA帐户, then forward it to the D.C. 酒吧基础. 不要直接寄给澳门赌场官网协会或尝试在网上填写.

No, just the common–client trust account to which you deposit client funds of more than one client that are nominal in amount or to be held for a short period of time. Other trust accounts that you may choose to open for a single client ordinarily will not be IOLTA帐户s; the client will get all interest on the funds held. Whether to set up a separate trust account 取决于澳门赌场官网的正确判断 (see Rule 1.15、评论[5]). The separate account is generally set up when the funds are more than “nominal” and/or to be held for longer than a “short” duration, such that the interest earned will not be consumed by the cost of administering the account.

These terms are expressly not defined in the Rule, and are left to the lawyer’s sound discretion. Many firms place advance fees from multiple 客户 into a common–client trust account, 知道这笔钱会被当作赚来的而被拿走. 一些公司还将结算资金存入共同客户信托账户, knowing that the funds will be distributed to the client and other recipients within a few days or weeks. 其他澳门赌场官网, 知道他们将为客户收到一大笔资金, 或者必须持有资金数周或数月, decide to open a separate interest-bearing trust account for the benefit of that one client. The client then receives the benefit of the interest earned while those funds are being held by the lawyer. 再一次。, the final determination is left to each lawyer to use sound reason to decide where to place the funds. 对规则1的注释[5].15个州:“决心, 根据(b)段, 是否期望信托基金赚取超过成本的收益, 取决于澳门赌场官网的正确判断. The lawyer should review trust practices at reasonable intervals to determine whether circumstances require further action with respect to the funds of any client or third party.”

这取决于你主要在哪里练习. 当澳门赌场官网参与, 并且符合, the trust accounting rules and the IOLTA program of another jurisdiction in which the lawyer is licensed and principally practices, 澳门赌场官网不需要有D.C. IOLTA账号，可以放置D.C. 合格的信托资金转入其他司法管辖区的IOLTA账户. 然而, always check to make sure you are compliant with the IOLTA rules of the jurisdiction in which you principally practice.

如果你的大部分收入来自马里兰州, you are considered to principally practice in Maryland and you are not obligated to have a District of Columbia IOLTA. 关于马里兰州IOLTA的问题见: www.mlsc.org.

对规则1的注释[4].15 provides lawyers with guidance about how to determine his or her principal place of practice. 澳门赌场官网也可以向司法部寻求指导.C. 澳门赌场官网协会法律道德顾问，电话202-737-4700，分机. 1010或at (电子邮件保护).

有关IOLTA计划的更多信息，请访问 dcbarfoundation.org 或向IOLTA管理员查询.C. 酒吧基金会电话:202-467-3750.

For additional information about client trust accounts or handling client funds, contact the D.C. 澳门赌场官网执业管理咨询服务电话:202-780-2762. The 执业管理谘询服务 is a free and confidential service of the District of Columbia 酒吧 to help members with a wide range of practice management issues. 有关道德问题的免费和保密协助，请与D.C. 澳门赌场官网协会法律道德顾问，电话:202-737-4700.