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

Supreme Court re-creates trust account rule; amends related rules: On April 4, 2016, the Wisconsin Supreme Court repealed and re-created SCR 20:1.15—Safekeeping property; trust accounts and fiduciary accounts, and amended SCR 20:1.0, SCR 20:1.5 and SCR 22.39, effective July 1, 2016. Order, Petition No. 14-07. The changes to SCR 20:1.15 will expand the use of electronic transactions in trust and fiduciary accounts beyond the current limits of accepting payments for legal fees and costs, and collecting debts. Read more PDF.

Scam alerts
May 2015 - “Wire Scam in Real Estate Transactions” OLR has received notice of a wire transfer scam targeting real estate proceeds held in lawyer trust accounts. Read more Adobe PDF.
January 2015 - “Attorney Check Scam” The FBI recently issued a public service announcement regarding a scam targeting law firms and other businesses that regularly perform wire transfers. Read more Adobe PDF.
October 2013 - If you receive an e-mail saying that your IOLTA account has "insufficient funds," DO NOT open the attachment. Read more Adobe PDF.

Credit Union Share Insurance now covers IOLTAs 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.


April 29, 2016 seminar
September 30, 2016 seminar

For further information, contact Mary Hoeft Smith, Trust Account Program Administrator, by phone at (877) 315-6941 or e-mail at


Ethics opinions and published articles on trust account issues