RI · rules
R.I. Sup. Ct. R. Art. IV, R. 2
Trust account overdraft notification
(a) Lawyers and law firms who practice law in this state shall deposit all funds
held in trust in accordance with Rule 1.15 of the Rules of Professional Conduct
(Article V of the Supreme Court Rules) in accounts clearly identified as “trust,”
“client” or “escrow” accounts, collectively referred to herein as “trust accounts,” and
shall take all steps necessary to inform the depository institution in which the trust
accounts are deposited of the purpose and identity of such accounts. For the purposes
of this Rule 2, trust accounts shall not include funds held by a lawyer as trustee under
an inter vivos or testamentary trust, guardian, executor, receiver or similar fiduciary
capacity. Trust accounts shall be maintained only in financial institutions approved
by this Court. The names of financial institutions in which such trust accounts are
maintained and identification numbers of each such account shall be recorded on the
annual lawyer registration form filed with this Court. Trust accounts, and the
maintenance thereof, shall be subject to the following additional provisions.
(b) A financial institution shall be approved as a depository for trust accounts if
it shall file with this Court an agreement, in a form provided by the Court, to report
to the Disciplinary Board in the event any properly payable instrument is presented
against a trust account containing insufficient funds, irrespective of whether the
instrument is honored. This Court shall establish rules governing approval and
termination of approved status for financial institutions, and shall annually publish
a list of approved financial institutions. No trust account shall be maintained in any
financial institution which does not agree to make such reports. Any such agreement
shall apply to all branches of the financial institution and shall not be cancelled
except upon thirty (30) days’ notice in writing to this Court. Every financial
institution so approved shall, within thirty (30) days of any change in the facts set
forth in the approved agreement, file a change of circumstances statement prescribed
by the Clerk of the Supreme Court describing such change. Every financial
institution so approved shall, every year between December first and December
thirty-first, file a completed annual renewal statement prescribed by the Clerk of the
Supreme Court.
(c) The overdraft notification agreement shall provide that all reports made by
financial institutions shall be in the following format:
(1) In the case of dishonored instrument, the report shall be identical to the
overdraft notice furnished to the depositor, and shall include:
(i) A copy of the dishonored instrument;
(ii) The name of the financial institution;
(iii) The name and address of the attorney or law firm;
(iv) The account number;
(v) The date of presentation for payment;
(vi) The amount of the dishonored instrument; and
(vii) The account balance at the time of presentment.;
(2) In the case of instruments that are presented against insufficient funds but
which instruments are honored, the report shall include:
(i) A copy of the paid instrument;
(ii) The name of the financial institution;
(iii) The name and address of the attorney or law firm;
(iv) The account number;
(v) The date of presentation for payment;
(vi) The date paid;
(vii) The amount of the instrument paid; and
(viii) The amount of the overdraft created thereby.
Such reports shall be made simultaneously with, and within the time provided by
law for notice of dishonor, if any, to depositors. If an instrument presented against
insufficient funds is honored, then the report shall be made within five (5) banking
days of the date of presentation for payment against insufficient funds.
(d) Every lawyer or law firm practicing or admitted to practice in this state shall,
as a condition thereof, release a participating financial institution from any cause of
action resulting from a report provided to the Court or the Court's Disciplinary Board
and be conclusively deemed to have consented to the reporting and production
requirements by financial institutions mandated by this rule.
(e) Nothing herein shall preclude a financial institution from charging a lawyer
or law firm for the reasonable cost of producing the reports and records required by
this rule.
Provenance
- Source
- courts.ri.gov
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
fdedb5a20bf16534f0a504b6248e0e1aa29980b86333082c20118103d57d9d2b
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