Jurisdiction Reference
Georgia IOLTA
Program: Georgia Bar Foundation IOLTA Program
Current Georgia guidance under Rules 1.15(I)–(III) on interest-bearing client accounts, IOLTA classification, approved depositories, account titles, rate comparability, quarterly remittance, exact client balances, overdraft reporting, six-year records, and audits for cause.
General information, not legal advice — always confirm against the official Georgia sources below.
Ask about Georgia's IOLTA rules
Deposits, reconciliation, reporting, recordkeeping — answered from Georgia's official sources. Not legal advice.
Quick reference
Plain-language summaries of common Georgia trust-accounting requirements. Use these to orient yourself, then verify the exact rule text through the official sources.
| Topic | Summary | Category |
|---|---|---|
| Maintain a trust account when handling practice-related fiduciary funds | Every lawyer practicing in Georgia who receives money or property for a client or in another fiduciary capacity related to the practice of law must maintain or have available a compliant trust account and administer those funds through it. | Georgia Rule of Professional Conduct 1.15(II)(a) |
| Separate practice-related and unrelated fiduciary funds | Do not use a lawyer trust account for a fiduciary capacity unrelated to the representation involved in the transaction. If funds are not held within a lawyer-client relationship, give the parties and institution the written disclosures required by Rule 1.15(II). | Georgia Rule 1.15(II)(b) and (c)(2) |
| Use one of the two required interest-bearing account types | Place all client funds either in an interest-bearing account paying income to the client or in an IOLTA account paying income to the Georgia Bar Foundation. | Georgia Rule 1.15(II)(c) |
| Use a client-benefit account for non-nominal or longer-term funds | When funds are not nominal or will not be held only briefly, create an interest-bearing trust account at an approved institution, notify the client, and pay the income to the client. | Georgia Rule 1.15(II)(c)(1) |
| Use IOLTA for nominal or short-term funds | When funds are nominal or short-term and cannot reasonably produce a positive net return for the client or third person, place them in a government-insured IOLTA account at an approved institution. | Georgia Rule 1.15(II)(c)(3) |
| Use a currently approved depository | Maintain every attorney trust account only at a financial institution approved by the State Bar of Georgia and, for IOLTA, also approved by the Georgia Bar Foundation for rate-comparability compliance. | Georgia Rule 1.15(III)(c)(1); State Bar Approved Banks list |
| Follow Georgia location rules | Use an approved institution in Georgia or the state where the lawyer's office is located; another location requires the client's or third person's written consent and written request, with additional approval conditions for certain out-of-state institutions. | Georgia Rule 1.15(III)(a) and (c)(1); Approved Banks guidance |
| Designate every trust instrument clearly | Label the trust account, checks, and deposit slips Attorney Trust Account, Attorney Escrow Account, IOLTA Account, Attorney Fiduciary Account, or equivalent, and show the responsible lawyer or law firm name. | Georgia Rule 1.15(III)(b) |
| Limit lawyer funds and track exact client balances | Keep no personal funds in trust except amounts sufficient for maintenance charges. Maintain records showing at all times the exact amount held for each client or third person, and withdraw only earned fees debited and recorded to the specific client. | Georgia Rule 1.15(II)(b) |
| Use the Foundation notice and tax information | Direct the institution through the Georgia Bar Foundation notice form to make the account interest-bearing, use the Foundation's tax identification number, remit income to the Foundation, and provide the required account statements. | Georgia Bar Foundation Notice to Financial Institution |
| Apply rate comparability and quarterly remittance | The institution must pay the required rate, deduct only allowable reasonable fees, remit net income to the Georgia Bar Foundation at least quarterly, and report the account-level calculation to the Foundation and lawyer. | Georgia Rule 1.15(II)(c)(3); Bar Rules 15-102 and 15-103 |
| Protect disputed and third-party funds | Promptly distribute undisputed amounts, keep the disputed portion in trust while claims are resolved, protect valid third-party interests, and use arbitration, interpleader, or another appropriate process rather than deciding the dispute unilaterally. | Georgia Rule 1.15(I) and comments |
| Retain trust records for at least six years | Preserve complete records of client and third-person property and trust-account activity for at least six years after the matter ends and maintain them so the exact ownership and disposition can be demonstrated. | Georgia Rule 1.15(I); State Bar ethics FAQ |
| Respond to overdraft reporting and audits | Use an institution that reports every properly payable instrument presented against insufficient funds within 15 days, even if later honored, and produce required records or submit to a properly authorized audit for cause. | Georgia Rule 1.15(III)(c), (e), and (f) |
Official sources
The authoritative material for this jurisdiction. Confirm every requirement here before acting on it.
Georgia Rules of Professional Conduct
Official current text of Rules 1.15(I), 1.15(II), and 1.15(III), plus Georgia Bar Foundation IOLTA rules.
OpenState Bar of Georgia Approved Banks
Current approved-depository guidance, out-of-state conditions, and access to the institution list and notice form.
OpenGeorgia Approved Depository List
Official list and instructions identifying institutions approved for Georgia attorney trust accounts.
OpenGeorgia Bar Foundation Notice to Financial Institution
Official IOLTA opening, tax-identification, interest-remittance, reporting, and signature form.
OpenGeorgia Bar Foundation IOLTA Program
Official State Bar overview of the Georgia Bar Foundation and IOLTA program.
OpenGeorgia 2026 Rule 1.15 Amendment Notice
Official notice of the Rule 1.15(II) amendments effective February 5, 2026.
OpenNotes
- Georgia's current structure uses three coordinated provisions: Rule 1.15(I) for general safekeeping, Rule 1.15(II) for trust accounts and IOLTA, and Rule 1.15(III) for depositories, overdraft notice, records production, and audits.
- Rule 1.15(II) was amended effective February 5, 2026 to distinguish practice-related fiduciary funds from fiduciary activity unrelated to a representation and to require written disclosures for the latter.
- Georgia requires State Bar approval for every lawyer trust-account depository and additional Georgia Bar Foundation approval for IOLTA rate comparability. The July 2026 approved list is the operative bank check.
Georgia — Frequently asked
Common questions for Georgia trust accounts. General information only — verify against the official sources above.
Who needs a Georgia lawyer trust account?
A lawyer practicing in Georgia who receives money or property for a client or in a practice-related fiduciary capacity must maintain or have available one or more compliant trust accounts.
Which funds go into Georgia IOLTA?
Nominal or short-term funds for which there is no reasonable expectation of a positive net return to the client or third person belong in IOLTA.
When must income be paid to the client?
When funds are not nominal or will not be held only briefly, use an interest-bearing trust account at an approved institution and direct the income to the client.
Must all Georgia client funds be in an interest-bearing account?
Yes. Rule 1.15(II) directs client funds to either an interest-bearing client-benefit account or an interest-bearing IOLTA account.
Which institutions may hold Georgia trust accounts?
Only institutions on the State Bar's current approved-depository list. An IOLTA institution must also satisfy Georgia Bar Foundation rate-comparability requirements.
Can an out-of-state bank hold the account?
Potentially, if it is in the state where the lawyer's office is located or the client or third person gives a written request and consent. The institution must satisfy Georgia approval, insurance, subpoena, and other conditions.
How should the account and checks be labeled?
Use Attorney Trust Account, Attorney Escrow Account, IOLTA Account, Attorney Fiduciary Account, or similar wording, and include the responsible lawyer or law firm name on checks and deposit slips.
May a lawyer hold unrelated fiduciary funds in the lawyer trust account?
Not when the capacity is unrelated to the representation for which the account is used. Georgia's 2026 rule text requires separation and written disclosures when funds are held outside a lawyer-client relationship.
May personal funds remain in trust?
Only an amount sufficient to cover maintenance fees such as service charges. General operating money or an undocumented cushion is improper commingling.
How should unearned fees be handled?
Unearned fees may remain in trust until earned. Withdraw earned fees only when charged to the specific client's ledger and accurately recorded.
What balance information must be available?
The records must show at all times the exact amount held for every client or third person. No client's funds may be used to cover another client's payment.
How is a Georgia IOLTA account enrolled?
Choose an approved institution, complete the Georgia Bar Foundation Notice to Financial Institution, establish the account in the lawyer or firm name with the Foundation's tax information, and retain the completed records.
How often is IOLTA income remitted?
At least quarterly. The institution sends the net interest or dividends and an account-level report to the Georgia Bar Foundation.
Which bank fees may reduce IOLTA income?
Only allowable reasonable fees under the Bar Foundation rules. Excess fees and nonallowable charges must be billed to the lawyer or law firm rather than taken from client principal or another account's income.
Should a Georgia trust account be reconciled monthly?
The rules require records that show exact client balances at all times. A monthly three-way reconciliation of the bank statement, account register, and client ledgers is the prudent way to demonstrate that continuing requirement and prepare for an audit.
How long must Georgia trust records be retained?
At least six years after the case or representation ends. Keep records longer when another law, fiduciary duty, or unresolved balance requires it.
What happens when a trust instrument is presented against insufficient funds?
The approved institution reports the event to the State Bar Office of General Counsel within 15 days, even if the item is later paid. The lawyer should investigate immediately and protect every client balance.
Can a bank give overdraft protection on a lawyer trust account?
No arrangement should conceal or delay a reportable overdraft, and personal loan or overdraft privileges tied to a client trust account are improper under the rule commentary.
How should disputed funds be handled?
Keep the disputed amount in trust, promptly distribute undisputed amounts, protect legally valid third-party claims, and use negotiation, fee arbitration, interpleader, or another lawful resolution process.
How should a Georgia IOLTA account be closed?
Reconcile the account, resolve each client and disputed balance, clear outstanding items, obtain the final statement, notify the institution and Georgia Bar Foundation, preserve records for six years, and ensure no inactive account continues holding unidentified funds.