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Comments Off on Ninth Circuit in Conflict with Fifth Circuit Over IOLTA
By Lazar Emanuel [Originally published in NYPRR January 2002] In an en banc decision on rehearing, the Court of Appeals for the Ninth Circuit has reached a decision affecting the IOLTA program of the State of Washington which is directly contra to the...
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Comments Off on Do States’ IOLTA Programs Violate Fifth Amendment?
By Lazar Emanuel [Originally published in NYPRR December 2001] Over the last 20 years, virtually all 50 states have adopted programs creating Interest-on-Lawyer-Trust-Accounts. In most states these are called IOLTA accounts. In New York, they are...
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Comments Off on Handling Client’s Funds — Guidelines from Texas Judge
By Joseph S. Genova [Originally published in NYPRR July 2000] [Editor’s note: This is Part II of a two-part article. Part I was published in NYPRR April 2000.] After trial, following remand from the Supreme Court, Judge James R. Nowlin performed an...
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Comments Off on Handling Clients’ Funds — Lesson from Lone Star State
By Joseph S. Genova [Originally published in NYPRR April 2000] [Editor’s note: This is Part I of a two-part article. Part II appears in NYPRR July 2000.] A decision in a closely watched case, on remand from the U.S. Supreme Court, provides some...
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Comments Off on IOLA Accounts: Are Deposits Mandatory — Exchange of Views
By Lazar Emanuel [Originally published in NYPRR January 1999] [Editor’s note: NYPRR Nov. 1998 published an article by Joseph S. Genova, “IOLA After Phillips: Clearing Up Some Misconceptions.” (Part 2 was published in NYPRR Dec. 1999.) We received...