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Solo Practice
: Solo In ChicagoClient Trust Accounts and Bank Failures
By Peter Olson
Generally, a depositor?s account at a bank is
insured by the Federal Deposit Insurance Corp.
(FDIC) for up to $100,000.4 According to the
FDIC, deposit account records of the banking
institution must disclose the existence of a
fiduciary relationship before insurance coverage
based on fiduciary relationships will be
recognized.5 Lawyers should make sure that the
fiduciary nature of any account holding fiduciary
funds is clearly reflected in the title of the
account used by the financial institution. If the
deposit account records of the banking
institution do disclose the existence of a
fiduciary relationship, then FDIC insurance (up
to applicable limits) will be available for each
client or third person whose funds are held in the
account. Under Rule 1.15(a) a lawyer is required
to ?clearly identify? his or her trust account.
Designation of the account as an IOLTA/trust
account satisfies this requirement and discloses
the existence of a fiduciary relationship for
purposes of FDIC coverage. This designation
means, for example, that if a lawyer?s IOLTA is
holding $100,000 for Client A, Client A?s funds
are insured up to $100,000 unless Client A has
funds deposited in another account in the same
financial institution as the lawyer?s IOLTA
account. A lawyer holding $1 million in his or
her clearly identified trust account on behalf of
10 clients would have FDIC insurance coverage
up to $100,000 for each of these 10 clients
provided the lawyer?s and /or bank?s recordkeeping
documents the identities and deposits of
the client?s on whose behalf the deposits were
made.
There weren't any malpractice cases cited where lawyers got in trouble, even one where lawyer kept $1,000,000 of clients money in a bank and bank failed. I would guess that result might be different now with all the banks failing.
Full post as published by Solo In Chicago on October 02, 2008 (boomark / email).
Daimler Chrysler et al.
alleged negligence pertaining to lost confidential client data which exposed customers to identity theft
Chevy Chase Bank
lawsuit claims the bank is in violation of the Truth in Lending Act
Bank Transaction
City Bank president Mike Liner agrees to pay $25,000 fine for assisting in a cash deposit.
UAB Health System and Franklin Collection Service
allegedly violated the RICO Act in collection practices on delinquent patient accounts.
Bank Scandal
Swiss bank pays Parmalat $30 million bankruptcy settlement.
Sea Star Agrees $18.5M Settlement in Anti-trust Class Action
Sea Star Agrees $18.5M Settlement in Anti-trust Class Action

Lawyer Trust Accounts: How Safe Are They if the Bank Fails
Putting Bank Accounts in Your Living Trust
Lawyers' responsibility for clients' trust funds
MORE ON PROTECTION OF ASSETS AT BANK AND BROKERAGES








