Being a Good Lawyer Includes Being a Good Businessperson
The majority of disciplinary matters involve failure to manage IOLTA accounts or noncompliance with requests for documentation related to overdrafts or audits.
March 11, 2024 at 03:10 PM
5 minute read
"But he was such a good lawyer!" That's what a friend said to me recently about a very experienced criminal defense lawyer who had just been suspended for a year for failing to properly manage his IOLTA account and ignoring requests from Statewide Bar Counsel for records needed to complete an audit of the account. My response was something along the lines of "Hmmm, maybe he wasn't. He might have been very good at doing some things lawyers do, like arguing their clients' positions in court, but he was apparently unable to manage his office and keep mandatory records. You gotta do both."
I've lost patience with a slice of our profession. During the past two months fully two thirds of the reported discipline matters involved IOLTA account issues. In addition to the fellow suspended for a year, another was suspended for six months, two more were reprimanded, and another was required to take several hours of CLE, all related to their inability to manage their IOLTA accounts or their failure or refusal to comply with requests for documentation related to overdrafts or audits.
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