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?
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, even to questioners in NY, and no attorney-client relationship is hereby created.
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