Legal Question in Personal Injury in Michigan

Interest of funds held by attorney

When a defendant has paid an agreed to amount and the money is held by an attorney until it is disbursed, who gets the interest that that money earns?


Asked on 6/04/05, 1:50 pm

2 Answers from Attorneys

William Stern William Stern, P.C.

Re: Interest of funds held by attorney

From my understanding, the money is generally held in what is knownas an IOLTA account. These accounts are mandated by law. Every attorney who holds funds for disbursement must have such an account. The interest that you describe is paid to the State Bar of Michigan. The attorney does not get the interest. The interest payments are used to fund the state bar. I know it's incredible but that is my understanding. William S. Stern

Read more
Answered on 6/04/05, 7:23 pm
Don Darnell Darnell & Lulgjuraj, P.C.

Re: Interest of funds held by attorney

The money is supposed to be deposited in a IOLTA account, with interest paid the State Bar, unless the interest would be more than $50, in which case the lawyer has to open a seperate account, and pay the interest to the client.

Read more
Answered on 6/05/05, 11:19 am


Related Questions & Answers

More Personal Injury Law and Tort Law questions and answers in Michigan