NCSB Journal Spring 2026

In Defense of NC IOLTA, a Proven Model for Funding LegalAid

B Y S H E L B Y D U F F Y B E N T O N

A s a longtime family law practitioner in Goldsboro, I’ve seen the deep need for civil legal aid my Wayne County neighbors experi ence. I have witnessed numerous times the dif ference legal aid lawyers made in helping sur vivors of domestic violence obtain protective orders to protect themselves, and often their children, from their abusers. With the sup port of legal aid attorneys, survivors have more confidence and are usually successful in having their domestic violence protective orders entered. But all too often, survivors come to court with absolutely no assistance and do not understand the process. As a result, I have seen them walk out defeated, only to return to the abusive situation they had been in. Along with half of the other counties in North Carolina, Wayne County is a legal desert, meaning there is less than one lawyer per 1,000 residents. As a result, these areas, which are often home to rural and tradition ally underserved communities, see a signifi cant portion of needs in both civil and crim inal matters go unmet. As a small-town attorney and past-presi dent of the North Carolina Bar Association, I know I have a professional obligation to mitigate such harm. That’s why I support access to legal services by donating to Legal Aid of North Carolina and volunteering my time with the North Carolina Bar Foundation program known as North Carolina Free Legal Answers.

That’s also why, in 2019, I joined the nine-member Board of Trustees of North Carolina Interest on Lawyers’ Trust Accounts (NC IOLTA) and served two terms, including three years as board chair. That experience was inspiring for me. It allowed me to see even more clearly the civil legal needs North Carolinians are experienc ing and the efforts nonprofits make to meet those needs. A Proven Model for Funding Legal Aid IOLTA is an innovative approach to funding legal services that pools the interest earned on lawyers’ general trust accounts to fund civil legal aid for our most vulnerable neighbors and communities—without any cost to attorneys, their clients, or taxpayers. It is a national model in place in all United States jurisdictions, including the District of Columbia, Puerto Rico, and US Virgin Islands. Since its creation by the State Bar and the North Carolina Supreme Court in 1983, this program has awarded more than $134 million to organizations that provide civil legal aid to low-income North Carolinians. That translates to hundreds of thousands of seniors, veterans, farmers, families, and other residents who were supported in cases rang ing from pending foreclosures to consumer scams and access to wages and benefits, as well as many, many survivors of domestic violence who found much-needed safety and support. NC IOLTA funding also supports programs and initiatives that improve the administration of justice across the state. All t t t t y t d f

jacoblund/istockphoto.com

of us in the legal community should be proud of this program’s impact! As an NC IOLTA board member for six years, I became well versed in the processes and procedures established by the program, which is subject to oversight by the North Carolina Supreme Court and follows strict policies and protocols that include diligent financial reporting and yearly audits. The categories for awarding grant funding are dictated by State Bar administrative rules. Trustees approve detailed grant criteria, which are reviewed regularly.

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THE NORTH CAROLINA STATE BAR JOURNAL