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IOLA & PROFESSIONAL RESPONSIBILITY IN THE SHADOW OF WASHINGTON
LEGAL FOUNDATION v. TEXAS EQUAL ACCESS TO JUSTICE FOUNDATION

Gerald A. Gordon

The Interest on Lawyers' Accounts ("IOLA") was created to manage interest generated from trust funds containing clients' money that do not justify investment for the benefit of each client. Statewide IOLA programs have been developed whereby interest generated on these accounts is distributed to not-for-profit entities for the purpose of delivering civil legal services to the poor.

The author argues that these IOLA programs help carry out the Professional Codes' (the Model Rules of Professional Conduct, "MRPC" and the Model Code of Professional Responsibility, "CPR") express intentions of providing law-related public services and improving the judicial system. Professional Codes state that without lawyers assisting in the provision of these legal services, the legal profession cannot retain its nobility and integrity and cannot continue to justify its import role in preserving society. The author argues that the IOLA program only seeks to effectuate these noble goals and a Supreme Court decision upholding the Fifth Circuit would only result in decreasing any incentive a lawyer may have in easing the burden of a poor person trying to obtain legal assistance.