ODC may ask the Chairperson of the Disciplinary Board to order an audit of trust accounts maintained by an attorney where any of the following has occurred:  (1) the attorney has failed to file the requisite trust account verification required under HRPC 1.15; (2) an attorney's trust account check is returned for insufficient funds or for uncollected funds and cannot be satisfactorily explained; (3) a petition for creditor relief is filed on behalf of an attorney; (4) felony charges are filed against an attorney; (5) an attorney is alleged to be incapacitated or has been judicially declared incompetent or involuntarily committed due to incompetence or disability; (6) a claim against an attorney is filed with the Lawyers' Fund; (7) an audit is ordered by a court; or (8) where other good and sufficient reasons for an audit are determined to exist by ODC, a hearing committee or officer, or the Disciplinary Board.  The Disciplinary Board may also randomly order audits of trust accounts.  

Audit of Non-Trust Records  

An attorney's non-trust financial accounts may also be examined if a review of the trust accounts reveals to the satisfaction of the Chairperson of the Disciplinary Board that the attorney is not in substantial compliance with trust accounting requirements.  

Cost of Audit  

The cost of audit is borne by the attorney if the audit reveals that he or she was not in substantial compliance with trust accounting requirements.