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OT Lawyers - depositing checks into your IOLTA account

Posted on 7/13/17 at 1:12 pm
Posted by chinhoyang
Member since Jun 2011
23322 posts
Posted on 7/13/17 at 1:12 pm
Law firm has a check payable to it and the client. Has it become common for banks to require that both you and your client appear at the bank in order to deposit the check?

I've never heard of this, but apparently this is our new bank's policy;.
Posted by CoachChappy
Member since May 2013
32514 posts
Posted on 7/13/17 at 1:15 pm to
Get a new bank
Posted by BigPerm30
Member since Aug 2011
25852 posts
Posted on 7/13/17 at 1:20 pm to
Just go to a check cashing place. Sign your clients name on the back of the check. Get some cash and spend the money on lots of coke and decent hookers.
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
421771 posts
Posted on 7/13/17 at 1:31 pm to
quote:

Has it become common for banks to require that both you and your client appear at the bank in order to deposit the check?

no a signature from the client on the endorsement area has been enough my entire career
Posted by Tortious
ATX
Member since Nov 2010
5132 posts
Posted on 7/13/17 at 1:35 pm to
Bank doesn't understand what an IOLTA account is.
Posted by chinhoyang
Member since Jun 2011
23322 posts
Posted on 7/13/17 at 1:47 pm to
quote:

no a signature from the client on the endorsement area has been enough my entire career


Same here - We'll either get a new bank or go to the bigger branches "in the city" and see if we can fix it.
Posted by Motorboat
At the camp
Member since Oct 2007
22666 posts
Posted on 7/13/17 at 2:06 pm to
Good lord. I'd live at the bank.

Find another bank.
Posted by tigerpimpbot
Chairman of the Pool Board
Member since Nov 2011
66892 posts
Posted on 7/13/17 at 2:17 pm to
Just have the check made payable to the "Trust Account of chinhoyang on behalf of" or "for the benefit of" the client. No client signature required
Posted by Verbal Kent
Member since Aug 2013
114 posts
Posted on 7/13/17 at 2:19 pm to
That is absolutely crazy. We make 5-10 Iolta deposits a day. We'd have to get a short bus to take people to the bank. Got to change banks
Posted by NIH
Member since Aug 2008
112553 posts
Posted on 7/13/17 at 2:21 pm to
Unless one planned to open up a desk at the bank I don't see how this would be feasible.
Posted by Murtown
OT Ballerville
Member since Sep 2014
1607 posts
Posted on 7/13/17 at 3:01 pm to
Checks are always made out to me/law firm and client. Both parties endorse, deposit at bank.

If a bank isn't honoring a blank endorsement they just don't know what they're doing. Any holder of an instrument can deposit a check if it's blankly endorsed by the payee.
Posted by Mung
NorCal
Member since Aug 2007
9054 posts
Posted on 7/13/17 at 3:07 pm to
quote:

Get a new bank

x1000
Posted by Duckie
Tippy Toe, Louisiana
Member since Apr 2010
24314 posts
Posted on 7/13/17 at 3:09 pm to
yeah, I'd be talking the the supervisor and asking what the hell they're doing.
Posted by TSLG
Member since Mar 2014
6724 posts
Posted on 7/13/17 at 4:43 pm to
I've never heard of a bank that does this for a business account or an iolta. However, many have started doing this for personal accounts.

Posted by TSLG
Member since Mar 2014
6724 posts
Posted on 7/13/17 at 4:44 pm to
quote:

Just have the check made payable to the "Trust Account of chinhoyang on behalf of" or "for the benefit of" the client. No client signature required


Have you ever had a defendant or insurance company refuse to order a check this way?


Eta: This shite has never been my baby, but it will be starting in the next few months. What would be the issue with adding a clause to the mandate/poa that gives you authority to endorse the client's signature on a settlement check? Is it a good cya tactic to have the client endorse the check, so they can't come back later and say that they didn't agree to settle for that amount?
This post was edited on 7/13/17 at 4:51 pm
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
421771 posts
Posted on 7/13/17 at 4:54 pm to
the issue you run into, generally, is the internal procedures of the particular bank. there are legal ways to do all sorts of things that banks won't honor b/c it doesn't conform with their requirements. the bigger the bank, the more onerous the requirements are (because they have to develop a single policy for all 50 states)
Posted by Jim Rockford
Member since May 2011
98138 posts
Posted on 7/13/17 at 6:20 pm to
quote:

Just go to a check cashing place. Sign your clients name on the back of the check. Get some cash and spend the money on lots of coke and decent hookers.


I knew a lawyer who did essentially that. It was a little more sophisticated, but that was the gist of it. Suffice to say he no longer has a license.

My attorney relative hates IOLTA and uses it only when he has no other alternative.
Posted by dtmb
Member since Mar 2013
663 posts
Posted on 7/13/17 at 6:55 pm to
quote:

My attorney relative hates IOLTA and uses it only when he has no other alternative.


When would there be an alternative?
Posted by Jim Rockford
Member since May 2011
98138 posts
Posted on 7/13/17 at 7:19 pm to
Obviously there are times when you have to use it. But for example he will put up advance filing fees himself and bill the client later (assuming he knows the client is trustworthy).
Posted by BPTiger
Atlanta
Member since Oct 2011
5293 posts
Posted on 7/13/17 at 7:21 pm to
Get the remote deposit scanner so you don't have to go to the bank and endorsements will never be an issue. That and/or get a business banker who can tell the tellers to accept the deposit.

Or deposit it with your phone or at the ATM.

Or get a new bank.
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