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Not with my money you don't; conservative group tries to shut down lawyer trust account payouts

Article Abstract:

Honorable Thomas Phillips v. Washington Legal Foundation poses the issue of whether legal clients have Fifth Amendment property rights in the interest generated from IOLTA programs, and in a larger sense whether this money can help fund the Legal Services Corp as well as many programs and scholarships. A decision that the IOLTA program is unconstitutional would remove a large source of legal funds for the poor.

Author: Chanen, Jill Schachner
Publisher: American Bar Association
Publication Name: ABA Journal
Subject: Law
ISSN: 0747-0088
Year: 1997
Right of property, Property rights

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Federal court to consider IOLTA challenge; conservative legal group's Texas lawsuit survives a motion to dismiss

Article Abstract:

Washington Legal Foundation v. Texas Equal Access to Justice Foundation, in which a conservative legal foundation has charged that IOLTA programs limit lawyers' freedom of speech by forcing them to support speech they disagree with and amount to an illegal taking of their money, has survived a motion to dismiss. The plaintiff will now try for a summary judgment in the case.

Author: Reske, Henry J.
Publisher: American Bar Association
Publication Name: ABA Journal
Subject: Law
ISSN: 0747-0088
Year: 1995
Freedom of speech

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Question of compensation; 9th Circuit rules lawyers' trust accounts are takings in violation of the the Fifth

Article Abstract:

A 9th Circuit ruling in Washington Legal Foundation v. Legal Foundation of Washington that IOLTA programs are a regulatory taking is discussed. Other suits filed by the Washington Legal Foundation charge that IOLTA programs violate the First Amendment by forcing plaintiffs to support causes with which they disagree.

Author: Schmitt, John
Publisher: American Bar Association
Publication Name: ABA Journal
Subject: Law
ISSN: 0747-0088
Year: 2001
United States

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Subjects list: United States, Cases, IOLTA programs, Regulatory taking (Law)
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