Nov. 12, 2025 – Your new trust account doesn’t include the option to write checks on it. Before you worry about violating SCR 20:1.15, this column explains what the rule does and does not require, how to satisfy the Office of Lawyer Regulation’s (OLR) overdraft reporting process, and how to disburse funds ethically using today’s banking tools.

Question

I just left a firm and am opening a solo practice.

At my firm, I was not involved in managing the trust account. I know I need to open one because I’ll be holding funds belonging to my clients and third parties.

I want to do everything right, so I chose a financial institution from the Wisconsin Trust Account Foundation participating institutions list and went in person to open a trust account.

Things were going smoothly until it came time to order checks. I was told I would not be able to write checks on the account I was opening. I know people don’t write many checks these days, but can I have a trust account on which I can’t write checks? How will I disburse funds to clients and third parties? How will I send the OLR a canceled check with my overdraft agreement?

Answer

We’ve gotten several variations of this question on the hotline recently, so we reached out to the expert, OLR Trust Account Program Administrator Travis Stieren.

Here’s what we learned:

The trust account rule, SCR 20:1.15, does not require that a trust account be a checking account. The rule also does not require that a lawyer obtain printed checks if the trust account is a checking account. ​

The rule also doesn’t require lawyers to send OLR a canceled check. What is required is that the lawyer send some document demonstrating the lawyer’s compliance with SCR 20:1.15(b)(2), which requires the title of a trust account (with the words “trust account” or “client account”) be included on all bank records.

The information provided with the Agreement to Notify Office of Lawyer Regulation of Overdrafts on Lawyer Trust Accounts and Fiduciary Accounts suggests other documents that can be provided in lieu of a canceled check: a bank statement, deposit slip, signature card, or other pre-printed bank record showing the account title.

While the rule does not require checks, Stieren recommends lawyers get checks for use in two situations:

(1) real estate closings that require the simultaneous exchange of documents; and

(2) disbursing funds to clients and third parties who are not comfortable with electronic banking and want to receive their funds in the form of a check.

Cash distributions from a trust account are prohibited. SCR 20:1.15(f)(2)a. Prior to the July 1, 2023, revisions to SCR 20:1.15,^[1] electronic transactions were also prohibited. Functionally, that meant that the only options a lawyer had were to disburse funds by wire transfer or check. Now that electronic transactions are allowed, the need for checks is waning.

Another question we’ve gotten recently is what to do if a lawyer is told by the financial institution that it could take up to six weeks to receive the checks, and the lawyer needs to file their overdraft reporting agreement.

First, Stieren assures us that this is a typical wait, as the checks are printed by a third-party printing service, not the financial institution. Second, Stieren advises lawyers to submit their trust account overdraft reporting agreements immediately.

If the lawyer doesn’t have other verification of the trust account’s name to submit, the lawyer can send a voided check once the lawyer receives the checks. OLR will hold aside the overdraft notification agreement and enter it into their system once they receive a voided check from the lawyer.

Where to Find Out More

The trust account rule can be difficult to navigate, especially if you’re new to the world of trust accounts. OLR provides an online handbook, Trust Account Manual & Workbook , that is a great resource.

Changes in the way people transact business are one of the myriad changes technology has brought to the practice of law. Comment 8 to the competency rule - SCR 20:1.1 – states that:

To maintain the requisite knowledge and skill, a lawyer should keep abreast of changes in the law and its practice, including the benefits and risks associated with relevant technology, engage in continuing study and education and comply with all continuing legal education requirements to which the lawyer is subject.

While a wholesale adoption of electronic banking practices is not required, a lawyer should become knowledgeable of the practice to ensure they continue to comply with the requirements of SCR 20:1.15.

Endnotes

[1] For more information on the changes to the trust account rule, see 2023 Amendments to the Trust Account Rule: Electronic Transactions Permitted in the June 2023 issue of Wisconsin Lawyer.