Reporting NSF

Rule 1.15(h) of the S.C. Rules of Professional Conduct mandates that all lawyers with a trust account must file a written directive with their bank requiring the bank to report any non-sufficient funds (NSF) transactions. If you have an IOLTA account, please confirm with your bank that you have a directive filed. It is the duty of the lawyer to make sure this has been done. Do not assume that all banks do it automatically. If the Commission on Lawyer Conduct discovers an overdraft that was not reported by the bank, the lawyer may be disciplined for both the Rule violation that caused the overdraft and the failure to file a directive with the bank. If you need a form directive, you can find two online at PMAP forms.