Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 1 of 1
Full-Text Articles in Law
Are You Misappropriating Client Funds - Missouri's Iolta Plan After Mottl, Timothy D. Steffens
Are You Misappropriating Client Funds - Missouri's Iolta Plan After Mottl, Timothy D. Steffens
Missouri Law Review
In Mottl v. Missouri Lawyer Trust Account Foundation, the Missouri Court of Appeals for the Western District addressed the constitutionality of Missouri's IOLTA program for the first time and held that participation in Missouri's IOLTA program is not state action because of the voluntary nature of the program. 6 By so deciding, the court shifted liability for participation in the program from the state to private attorneys and law firms. As a result, an attorney must inform a client during initial consultation that the attorney or the attorney's firm voluntarily participates in the IOLTA program and that, as a result …