Trust Account Certification

The Idaho Rules of Professional Conduct require each active, out of state active and house counsel member of the Idaho State Bar to certify annually under penalty of perjury that he or she maintains a separate client trust account in the state of Idaho for client funds or that he or she handles no client funds because of the nature of his or her practice.

In addition to certifying the existence of such an account, attorneys are required to (1) identify the account number, account name and the name and address of the financial institution where it is maintained, and (2) authorize their financial institution to notify the Idaho State Bar of any overdraft or instrument presented against insufficient funds.

The Interest on Lawyers Trust Accounts (IOLTA) program allows attorneys to invest small or short-term deposits so that these otherwise idle funds may be pooled to generate interest money channeled to the Idaho Law Foundation, Inc. for use in law-related public interest programs.

Frequently Asked Questions

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Who must have a trust account?

Which accounts must be reported?

When should trust account certificates be completed?

What is the process for requesting a new trust account certificate?

Are there restrictions on the banks that can be used for trust accounts?

Can a "pad" of money be put in the trust account?

What is the process for opening a new trust account?

What is Interest on Lawyers Trust Accounts (IOLTA)?

What is Automatic Reporting of Trust Account Overdrafts (ARTAO)?

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