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

Asked almost 2 years 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. 3

    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. 2

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    Answered . See previous response to same question.

  3. 1

    Lawyer agrees

    1

    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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