Del. Lawyers' R. Prof'l Conduct 1.15A

(a) Every attorney practicing or admitted to practice in this jurisdiction

shall designate every account into which attorney trust or escrow funds are

deposited either as “Rule 1.15A Attorney Trust Account” or “1.15A Trust

Account” or “Rule 1.15A Attorney Escrow Account” or “1.15A Escrow

Account,” pursuant to Rule 1.15(d)(2).

(b) Bank accounts designated as “Rule 1.15A Attorney Trust Account”

or “1.15A Trust Account” or “Rule 1.15A Attorney Escrow Account” or

“1.15A Escrow Account,” pursuant to Rule 1.15(d)(2) shall be maintained

only in financial institutions approved by the Lawyers’ Fund for Client

Protection (the “Fund”). A financial institution may not be approved as a

depository for attorney trust and escrow accounts unless it shall have filed

with the Fund an agreement, in a form provided by the Fund, to report to

the Office of Disciplinary Counsel (“ODC”) in the event any instrument in

properly payable form is presented against an attorney trust or escrow

account containing insufficient funds, irrespective of whether or not the

instrument is honored.

(c) The Supreme Court may establish rules governing approval and

termination of approved status for financial institutions and the Fund shall

annually publish a list of approved financial institutions. No trust or escrow

account shall be maintained in any financial institution that does not agree

to make such reports. Any such agreement shall apply to all branches

of the financial institution and shall not be canceled except upon thirty (30)

days notice in writing to the Fund.

(d) The overdraft notification agreement shall provide that all reports

made by the financial institution shall be in the following format:

(1) In the case of a dishonored instrument, the report shall be identical

to the overdraft notice customarily forwarded to the depositor, and shall

include a copy of the dishonored instrument to the ODC no later than

seven (7) calendar days following a request for the copy by the ODC.

(2) In the case of instruments that are presented against insufficient

funds, but which instruments are honored, the report shall identify the

financial institution, the attorney or law firm, the account number, the date

of presentation for payment, and the date paid, as well as the amount of

the overdraft created thereby.

(e) Reports shall be made simultaneously with, and within the time

provided by law for, notice of dishonor. If an instrument presented against

insufficient funds is honored, then the report shall be made within seven

(7) calendar days of the date of presentation for payment against

insufficient funds.

(f) Every attorney practicing or admitted to practice in this jurisdiction

shall, as a condition thereof, be conclusively deemed to have consented to

the reporting and production requirements mandated by this rule.

(g) Nothing herein shall preclude a financial institution from charging a

particular attorney or law firm for the reasonable costs of producing the

reports and records required by this rule.

(h) The terms used in this section are defined as follows:

(1) “Financial institution” includes banks, savings and loan

associations, credit unions, savings banks and any other business or

persons which accept for deposit funds held in trust by attorneys.

(2) “Properly payable” refers to an instrument which, if presented in the

normal course of business, is in a form requiring payment under the laws

of Delaware.

(3) “Notice of dishonor” refers to the notice which a financial

institution is required to give, under the laws of Delaware, upon

presentation of an instrument which the institution dishonors. (Amended,

effective Jan. 1, 2009.)