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

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?

New York, NY -

Attorney Answers (3)

Robert K. Erlanger

Robert K. Erlanger

Lawsuit / Dispute Attorney - New York, NY
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.

Edwin Drantivy

Edwin Drantivy

Contracts / Agreements Lawyer - Brooklyn, NY
Answered

See previous response to same question.

Susan Pernick

Susan Pernick

Litigation Lawyer - Glen Head, NY
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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