Can a party serve a subpoena on an attorney during litigation for inspection of records related to the attorney's IOLA ?

Asked over 1 year ago - New York, NY

22 NYCRR Part 1200(i) (Rule 1.15(i)) addresses the obligations of an attorney to produce records concerning his/her IOLA, but it seems to apply only to inspection in connection with a disciplinary proceeding. What if the information is relevant to non-disciplinary litigation. Are these records subject to a subpoena, or are they privileged and/or confidential?

Attorney answers (3)

  1. Robert K. Erlanger

    Contributor Level 13


    Lawyers agree

    Answered . You haven't provided sufficient information to give any guidance. But since you were clever enough to do your own research, doubtless you can find an answer to your question.

  2. Edwin Drantivy

    Contributor Level 18


    Lawyers agree

    Answered . See previous response to same question.

  3. Susan Pernick

    Contributor Level 15


    Lawyer agrees


    Answered . IOLA stands for interest on lawyers' accounts - it is funded by a fee on attorneys assessed biannually, and those fees are used to compensate clients whose attorneys have cheated them. I can't begin to imagine how you can believe that IOLA information is relevant to a non-disciplinary proceeding. Information pertaining to an attorney's IOLA account is not subject to a subpoena other than issued by the disciplinary authorities.

    I am an attorney admitted solely in NY. None of the answers I submit on this forum constitutes legal advice,... more

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