Attorneys generally charge their clients in one of three ways: (1) an agreed hourly rate, times the number of hours the attorney spends on the matter; (2) a contingent fee, in which the attorney receives a percentage of the amount recovered or received by the client in the matter; or (3) a fixed-fee in which the attorney charges an agreed amount (often with some or all of the fee paid before work begins). If the attorney is charging on an hourly basis, he may require a fee deposit (sometimes called a retainer) to secure payment of the hourly fees. The client may be required to replenish this fee deposit. The attorney must hold the unearned fee deposit in her trust account until she does the work and is entitled to some or all of the payment.
In Florida, attorneys may charge clients using one of three common fee structures: hourly rates, contingent fees, or fixed fees. An hourly rate is calculated by multiplying the agreed-upon hourly fee by the number of hours the attorney works on a client's case. A contingent fee arrangement involves the attorney receiving a predetermined percentage of the client's recovery or settlement. This type of fee is common in personal injury cases and other litigation where the client stands to receive money if the case is won. A fixed fee is a set amount agreed upon between the client and the attorney for legal services, and it is often paid in part or in full before the attorney begins work. When an attorney charges by the hour, they may require a fee deposit, also known as a retainer, to ensure payment for future services. This retainer must be replenished if it becomes depleted. Importantly, any unearned portion of the fee deposit must be kept in the attorney's trust account and cannot be withdrawn until the attorney has performed the corresponding legal work and is entitled to payment.