David J. Hrina


This comment seeks to outline the history of IOLTA, it’s current status, and it’s probable future in light of recent court decisions. First, the comment considers the history of IOLTA programs in both the United States and in Ohio. Second, it examines the primary types of constitutional challenges endured by IOLTA programs. Third, this comment focuses on the unlikely continued viability of IOLTA programs, in light of recent court decisions. Finally, this comment concludes with the proposition that mandatory IOLTA programs are on the verge of being declared unconstitutional and that states will need to consider alternative sources of money to fill the funding void left in the wake of IOLTA’s apparent demise.