Legal Question in Civil Litigation in Florida

Settlement final 2 yrs ago. Monies has been in escrow, for 2 yrs., in Florida. Everything is said and done, who receives the interest from the escrow acct., client or attorney?


Asked on 1/28/13, 8:52 am

3 Answers from Attorneys

Michael Tobin Michael M. Tobin, P.A.

If money was in attorneys IOTA account then Florida Bar rceives the interest. If money was properly placed in a Special Trust Account for Client and attorney then interest should go to client with attorney receiving the interest on the portion representing his fee.Where we expect the money is substantial and will be held for a long time it is customary to set up a Special Trust Account and advising client of that fact.

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Answered on 1/28/13, 9:24 am
Joseph Justice The Justice Law Firm

The attorney would not receive the interest. Depending on what kind of account this is, there may not be any interest. Some escrow accounts do not produce interest, and If this money was kept in the attorney's trust account then the interest is deducted each month and donated to the Florida Bar Foundation.

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Answered on 1/28/13, 9:27 am
Barry Stein De Cardenas, Freixas, Stein & Zachary

Depends on the terms of your escrow with the attorney. In most circumstances. as Mr. Tobin said the money is paid to the Florida Bar Foundation. It can also just sit in the trust account and no interest be paid. A special account would need to have been opened to have it earn interest for the client's benefits. Under pretty much no circumstances would the attorney be the one to ge the interest, if any, that is earned.

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Answered on 1/28/13, 10:31 am


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