For attorneys

Trust Account Program

The OLR Trust Account Program has two primary goals: 1) to identify problems in the management of client trust accounts and other fiduciary accounts, and potentially, to prevent conversions from such accounts; and 2) to educate lawyers with respect to safeguarding funds and maintaining the required records. For further information, please see the Trust Account Program Annual Report PDF.

Overdraft reporting

Lawyers who are licensed in Wisconsin are required to authorize their financial institution, by written Agreement PDF, to notify the Office of Lawyer Regulation of overdrafts on trust and fiduciary accounts from which they or a member or employee of their firm can disburse funds via check. The Agreement to Notify OLR of Overdrafts on Lawyer Trust Accounts, along with guidelines on Proper Identification of IOLTA Trust Accounts and Proper Formatting of Trust Account Checks are found at the Agreement link above, and may also be obtained by contacting OLR's Trust Account Program at (608) 261-8296 or toll-free at (877) 315-6941, Option 2.

The Wisconsin Supreme Court established trust account overdraft reporting requirements in Wisconsin, effective January 1, 1999. See, SCR 20:1.15(h) PDF [formerly SCR 20:1.15(i)-(p)]. Pursuant to SCR 20:1.15(h)(3), whenever a check is presented against a lawyer's trust account or fiduciary account that has insufficient funds to cover that check, the financial institution must report the overdraft to OLR, regardless of whether or not the financial institution pays the check or returns it due to insufficient funds.

With respect to fiduciary accounts, the Court established limited alternatives to the overdraft reporting requirements of SCR 20:1.15(h) in SCR 20:1.15(j)(9) PDF. Those alternatives are: 1) an annual audit of the fiduciary account by an independent CPA or 2) a responsible co-signatory, such as a co-personal representative or co-trustee, for all disbursements from the fiduciary account. These alternatives do not apply to trust accounts.

In the news

SPD (State Public Defender) direct deposits PDF
Remote deposits to credit card trust account PDF
Annual law firm certifications regarding trust and fiduciary accounts PDF
Full insurance coverage on IOLTAs terminated as of December 31, 2012 PDF
Vital information for lawyers regarding credit card payments PDF

Topics of interest to lawyers

For guidance on proper handling of trust and fiduciary accounts; recordkeeping requirements; legal fees; and procedural information regarding OLR's Trust Account Program, including overdraft investigations, please use the following links:

Practice tips

For guidance on dealing with common trust account problems that occur in certain specialized practice areas, including bankruptcy, real estate, and personal injury, please use the following links (all in Adobe PDF PDF format):

Management of a trust account

OLR has created a Trust Account Manual PDF that provides basic information on proper recordkeeping, including a transaction register, sample ledger pages, and guidelines on handling the monthly reconciliations.

Education

Upcoming seminars on trust account management and the trust account rule:
2013 fall seminar: September 27, 2013, Madison PDF

For further information, contact Mary Hoeft Smith, Trust Account Program Administrator: telephone: (877) 315-6941, option 2; e-mail: mary.hoeftsmith@wicourts.gov.

Resources

Ethics opinions and published articles on trust account issues