A subordinate lawyer may consult a supervisory lawyer to confirm that duties that are not personally performed are being properly discharged by others in the firm. For example, a subordinate lawyer may ask the attorney who manages the firm’s client trust accounts whether monthly reconciliations are performed on the client trust accounts. 

Absent information to the contrary, the subordinate lawyer may reasonably rely on that guidance in completing the self-assessment.

The required self-assessment is a tool to help attorneys evaluate their current practices and to provide citations to relevant rules and other references, including sections of the Handbook on Client Trust Accounting for California Attorneys. The objective is to promote awareness of duties and facilitate thoughtful consideration of any possible changes to an attorney’s current practices.

Given the great variety of practice settings, including situations where an attorney’s practice is conducted in part or completely in another state with different rules, an attorney might appropriately respond “no” to a self-assessment item. Responding “no” should not be considered a wrong answer when that response accurately reflects an attorney’s current practices. However, if you respond “no” to any question, you may want to consider carefully whether you should make changes to your trust account management practices. Even if you decide not to change your trust account management practices, you should consider documenting in your records the purpose of any “no” responses. The self-assessment questions may be reviewed if you are selected for a compliance review. Documentation will assist the reviewer to quickly understand the purpose of the firm’s practice.

In taking the self-assessment, if an attorney is unsure about how California rules and recordkeeping standards apply to a specific practice setting, an inquiry to the Ethics Hotline research service at 800-238-4427 (toll-free in California) can be helpful. The Ethics Hotline might be able to provide more citations and resource references than the ones included in the self-assessment. The Ethics Hotline cannot provide legal advice, nor tell you how to comply with any of the CTAPP requirements, including the self-assessment.

Only by thoughtfully and honestly completing the self-assessment will an attorney realize the benefits of this compliance tool. Please keep in mind that the self-assessment questions are framed in the present tense and as such, they do not elicit information about prior conduct. Most importantly, what is learned from the self-assessment should inform an attorney’s future conduct in providing competent and professionally responsible services when handling funds and property of clients and others.

Please check to make sure all of your accounts have been registered in Step 2. If all your accounts have been registered, the required account ending balance may be missing in Step 2. You must provide the account ending balance as of December 31 of the reporting period or the date the account was closed.

If all your accounts have been registered and each account has a balance, please review your responses in Step 1. If you chose multiple “Yes” answers requiring trust account registration, for example, in Step 1, in response to question 1 (IOLTAs), you selected “Yes, I will provide or update IOLTA (or similar pooled) account information, including the balance as of December 31, 2025, via My State Bar Profile …” and, in response to question 2 (non-IOLTAs), you also selected “Yes, I will provide or update non-IOLTA account information, including the balance as of December 31, 2025, via My State Bar Profile …,” based on your selected responses you are required to register both an IOLTA and a non-IOLTA trust account via My State Bar Profile. If you only have one trust account, please revise your response to either question 1 or question 2. A trust account can never be both an IOLTA and a non-IOLTA.

Similarly, if you selected multiple “Yes” responses requiring trust account registration to question 1 (e.g., “Yes, I will provide or update IOLTA account information, including the balance as of December 31, 2025, via My State Bar Profile” and “Yes, a firm or organization I am currently employed by or in practice with will provide or update IOLTA account information, including the balance as of December 31, 2025, via Agency Billing …”), based on your selected responses, you are required to register multiple IOLTAs via My State Bar Profile and Agency Billing. If you only have one IOLTA, please revise your responses to question 1 in Step 1.

Unless exempt (see FAQ 2.3, above), California licensees, regardless of where they practice, must still comply with the CTAPP reporting requirements. To answer Step 1 (Annual Client Trust Account Reporting) questions, licensees must determine whether they are responsible for client funds and funds entrusted by others under the provisions of rule 1.15 of the California Rules of Professional Conduct. (See Rules Prof. Conduct, rule 8.5.) If so, because rule 1.15 of the California Rules of Professional Conduct requires attorneys who handle trust funds to hold those funds in one or more client trust accounts labeled as a “Trust Account,” or words of similar import, the licensee must answer “yes” to at least one of the CTAPP Annual Client Trust Account Reporting questions of whether they maintained any trust accounts under Business and Professions Code section 6211, subdivision (a) where the interest is paid to the State Bar, also known as an Interest on Lawyers’ Trust Account (IOLTA) or trust accounts under Business and Professions Code section 6211, subdivision (b) where the interest is payable to a client or other person, also known as non-IOLTA trust accounts, and complete the remaining CTAPP requirements.

Only if the licensee is not responsible for any client funds and funds entrusted by others under rule 1.15 of the California Rules of Professional Conduct may the licensee answer “no” to the CTAPP Annual Client Trust Account Reporting questions. 

For information on reporting an IOLTA account outside California, please refer to CTAPP FAQ 4.3, below.

Unless exempt (see FAQ 2.3, above), California licensees, regardless of where they practice, must still comply with the CTAPP reporting requirements. A licensee who was responsible for client funds and funds entrusted by others under the provisions of rule 1.15 of the California Rules of Professional Conduct must, annually, register each and every trust account in which the licensee held such funds at any time during the reportable time period by identifying account numbers and financial institutions in a manner prescribed by the State Bar for such reporting. There is no exception for out-of-state accounts.

In general, under rule 1.15(a) of the Rules of Professional Conduct, a licensee’s trust accounts must be maintained in California, or, with the written consent of the client, in another jurisdiction where there is a substantial relationship between the client or the client’s business and that other jurisdiction. Therefore, if licensees are entitled to hold IOLTA accounts outside of California, they will need to register those accounts as non-CA IOLTA accounts by selecting “Add Account” in My State Bar Profile, or, if using the Agency Billing application, selecting “Manage Accounts.”

Under Business and Professions Code section 6212, attorneys that established an IOLTA account pursuant to subdivision (a) of Business and Professions Code section 6211, may hold IOLTA accounts only at eligible financial institutions. Rule 1.15(a) of the California Rules of Professional Conduct generally requires that trust accounts for California clients be maintained in California. You are permitted to hold client funds in an IOLTA account outside California if your client is from somewhere other than California or if your California client has a substantial relationship with the other jurisdiction and has provided written consent. If your practice meets those criteria and you do not have a California IOLTA, you may select “I do not have a California IOLTA” as your response.

Unless exempt (see FAQ 2.3, above), California licensees, regardless of where they practice, must still comply with the CTAPP reporting requirements. Licensees must report and register each and every trust account in any location if (1) they acted as a signatory or exercised managerial or primary administrative oversight for a trust account held pursuant to rule 1.15 of the California Rules of Professional Conduct, or (2) were otherwise responsible for complying with any of the requirements or prohibitions in rule 1.15 of the California Rules of Professional Conduct other than the disclosure and agreement requirements in rule 1.15(b) pertaining to depositing a flat fee paid in advance into a lawyer’s or law firm’s operating account (e.g., responsibilities for safekeeping of funds, to identify and discharge liens, notify clients that funds have been received, etc.).

Currently, CTAPP reporting features do not allow licensees or firm administrators to enter non-U.S. routing and account numbers. Therefore, for all non-U.S. trust accounts, in Step 1 (Annual Client Trust Account Reporting), please check the box next to “Yes, I will provide or update IOLTA and/or non-IOLTA account information, including the balance as of December 31, 2025, via My State Bar Profile” for the appropriate question, depending on the type of account. Then, during Step 2 (Account Registration), check the checkbox next to “Other” under the sentence, “If you selected Yes to the IOLTA or Non-IOLTA question in Step 1, but are unable to register that IOLTA (CA or Non-CA) and/or Non-IOLTA because you do not have some of the required information, please describe why below,” and, in the box provided, list all non-U.S. bank accounts, including bank name, account number, and country of origin. In future years, we expect enhancements to the reporting application will make it possible for licensees and agencies to report non-U.S. trust account information.

Law firms and organizations can complete only one step of the requirements for the lawyers who work for them, which is registering trust accounts on their behalf. Even if the firm registers the account on behalf of the lawyer, the lawyers must still log in to My State Bar Profile and complete the initial report of whether they maintained a client trust account or one was maintained on their behalf, the self-assessment, the certification that they are knowledgeable about and in compliance with the rules regarding the safekeeping of funds, and the declaration.

If the firm or organization that you are currently employed by or in practice with is registered with the State Bar’s Agency Billing platform, the firm or organization may register the client trust accounts on the lawyer’s behalf. However, the State Bar must receive the trust account registration data by the reporting deadline. If you or your firm or organization fail to report this information by the deadline, you will be assessed a noncompliance penalty.

Please contact your firm or organization administrator to confirm whether they will report the trust account registration data on your behalf. The firm must identify, via the Agency Billing platform, each licensee who is covered by the firm’s submission of account information on behalf of the firm’s lawyers.

Lawyers can determine whether their firm has reported account information on their behalf during the CTAPP registration process in My State Bar Profile or, if they have already completed their individual reporting requirements, by clicking on the “View a Summary of your CTAPP Annual Reporting” link on the CTAPP Annual Reporting tile on the Compliance Dashboard page.

No, MCLE credit is only available to speakers, panelists, and regular attorney participants.