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Question

I am in Virginia. A few years ago my husband and I transferred almost $100,000 to attorney's trust account. Attorney tells us that the bank account in which our money was deposited holds trust and retainer funds of other clients. What section of Virginia Statute regulates the trust and trustees? Under the circumstances described above, what information constitutes proper accounting for the trust? Should it be in the form described in Va. Code Section 26-17.3 and http://www.courts.state.va.us/forms/circuit/cc1684inst.pdf? If this section and the form are not applicable, then which ones would be? How often accounting should be provided?

Submitted: 17 days and 21 hours ago.
Category: Legal
Value: $18
Status: CLOSED
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State/Country relating to Question: Virginia

Posted by Law Pro 17 days and 21 hours ago.

Info Request

It's the attorney's trust account or IOLTA account that he put the monies into. It's an account that the attorney uses for retainers and client monies.

 

What has happened here? He should be giving you an accounting.

17 days and 20 hours ago.

Reply

Attorney's explanation is that the bank account to which we wired our money is his law firm's trust account and that "the account is subject to IOLTA", and that therefore he does not pay interest.

I know that he should be giving me accounting.

My questions is: what kind of documents would constitute "accounting"? and what regulations describe these requirements?

Thank you.

Posted by Law Pro 17 days and 20 hours ago.

Answer

He is correct in the matter. IOLTA accounts are a little special - since the State Bar Association is in charge of how IOLTA accounts are maintained they set how they can be used.

 

It's a ton of work for an attorney to pay interest on an IOLTA account an make sure all the client's who have monies therein get interest for the time and amount of money they have in there.

 

So, what the State Bar Association does is this - that all the interest earned on all the client's monies within the IOLTA account go to some charity or special need thing that each state's bar association mandates. All the client's monies are kind of grouped together as one.

 

All the attorney has to give you is an itemized statement of his fees and disbursements from the retainer that you gave him. Some attorneys do this monthly - some annually - some when they have a flurry of work on a client's matter. So it all depends on the particular attorney. Most attorneys do not send monthy statements. The reason for such is the cost - the cost of mailing the statements to all the clients, the cost of man hours to do such too.

 

So, what documents would constitute an "accounting" - they are usually very basic statements - what you receive from your attorney which shows the amount of hours and expenses on the matter he has put forth and your balance of monies you gave him (your initial retainer amount). Sometimes too, an attorney requests a minimum retainer - so that when your retainer amount gets below a certain dollar amount - they automatically ask for you to replenish such.

 

As to how specific the statement is from the attorney all depends on what accounting software they use and how specific it gets.

 

 

17 days and 20 hours ago.

Reply

I understand from your explanations that there are no regulations in Virginia which require an attorney to account for the trust money.

The problem is that there are indications that the money is embezzled or converted (the attorney made unauthorized withdrawals). What accouting should he provide as a prove that my money was not taken? Is there any way to establish that the portion of the funds in the bank account which is my money remained untouched? From your explanation it appears that there is no accountability. Is this correct?

Accepted Answer

Yes, they do have to account for the IOLTA monies. The attorney must give you an itemized statement of withdrawal from the IOLTA or retainer monies. This itemized statement could be something as simple as this:

 

Ms Smith

address

 

RE: Litigation against the Ms. Jones

 

Billing statement

 

Initial retainer .......................................$5,000.00

 

Time spent on matter.....20 hours

Hourly rate.......................$200/hour

 

Total charge .........................................$4,000.00

 

Retainer Balance ..................................$1,000.00

 

Then, he should have $1,000.00 of yours yet in his IOLTA account. If you were to say I want to dismiss you and send me the balance of my retainer - he would have to send you $1,000.00.

 

 

 

If you don't think the attorney has withdrawn money correctly - then

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Expert: Law Pro
Pos. Feedback: 99.0 %
Accepts: 
Answered: 11/4/2009

Attorney

19 years legal practitioner: real estate, collections, estate, civil, business, and criminal law

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