Grantees Basic Information

By Order dated October 10, 1985, the Supreme Court of South Carolina adopted the Interest On Lawyer Trust Accounts program (IOLTA). This program permits lawyers and law firms to deposit nominal or short-term client funds in interest-bearing checking accounts. The interest generated by IOLTA accounts is forwarded by participating financial institutions directly to the South Carolina Bar Foundation, Inc., a not‑for‑profit organization. In 1987, the Board of Directors of the Foundation began making grants from the IOLTA fund.

IOLTA grants may be awarded for three purposes:

1. to provide civil legal services to indigents in South Carolina;
2. to offer law‑related education to the public in South Carolina; and
3. to improve the administration of justice in South Carolina.

Since the inception of the IOLTA program, more than $36.1 million in grant funding has been provided to promote access to justice throughout South Carolina. For the period July 2007 through June 2008, the Bar Foundation awarded $4.1 million in IOLTA and opt-out funding for a variety of law related projects. 

GENERAL REQUIREMENTS:

Applicants must:

1. be not‑for‑profit entities, tax exempt under Section 501(c)(3) of the IRS Code or subsequent provision, or otherwise clearly demonstrate the charitable purposes of the applicant organization or the project and provide assurances that no IOLTA funds will be used for other than charitable purposes;
   
2. submit a written grant proposal pursuant to the Foundation’s guidelines and within the established time schedule;
   
3. respond adequately to the recommended grant proposal format and to any additional requests for information;
   
4. carry out the program for which funds are requested, report on progress and results and promptly return any grant funds including interest earned thereon which are not utilized in accordance with the grant;
   
5. cooperate with data collection and evaluation activities requested by the Foundation and
   
6. submit financial statements required by the grant agreement.

CIVIL LEGAL SERVICES PROVIDERS MUST, IN ADDITION:

a. be entities which operate within South Carolina and provide direct civil legal services without charge to poor or disadvantaged persons within a geographical area in the State of South Carolina and

b. employ a needs test consistent with IOLTA’s income eligibility requirements of 125% of the official poverty threshold, defined by the U.S. Department of Labor. Applicants need not apply this needs test to all clients served by their organizations; however, delivery of legal services supported by IOLTA dollars must be restricted to clients eligible under IOLTA guidelines.

ADMINISTRATION OF JUSTICE PROVIDERS MUST, IN ADDITION:

a. if other than a not-for-profit organization exempt under Section 501(c) (3) of the IRS Code, clearly demonstrate the charitable purposes of the applicant organization and the project and provide assurances that no IOLTA funds will be used for other than charitable purposes;

b. enhance legal services to the poor through innovative or cost effective means; and,

c. provide direct civil legal services either to groups of clients currently undeserved by legal services, such as the elderly or the disabled, or in an area of representation, whether substantive or geographical, that cannot be or is not effectively served by individual qualified legal service providers; or,

d. provide legal management or operational training, or legal, management, support service, or technical assistance, or direct legal assistance, informational advocacy or litigation support to qualified legal service providers; or,

e. otherwise promote the improvement of the administration of justice.