There are always ample opportunities for confusion when it comes to depositing IOLTA funds. If you are licensed in Oregon and Washington and your sole office is situated here, which IOLTA account should you use?
The Rules of Professional Conduct Committee has issued an advisory opinion (#959) that if trust account funds accrue as a result of a lawyer’s practice under the lawyer’s Washington license, then those funds should be handled as required by the Washington rules. The key consideration is whether the representation of the client was undertaken using your Washington license.
Managing Client Trust Accounts Rules, Regulations, and Common Sense, published by the Washington State Bar Association.
If you are not using your Washington license, then deposit the funds in your Oregon IOLTA account – assuming no other jurisdiction is in play.
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