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 West Virginia, attorneys typically charge clients using one of three 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 the client's case. A contingent fee arrangement means the attorney receives a predetermined percentage of the client's recovery or settlement. A fixed fee is a set amount agreed upon before the attorney begins work, and it is often paid in part or in full upfront. When an attorney charges by the hour, they may require a fee deposit, also known as a retainer, to ensure payment for their services. This retainer may need to be replenished over time. It is important for the attorney to keep any unearned portion of the fee deposit in a trust account until the work is performed and the attorney is entitled to payment. These practices are regulated by the West Virginia State Bar and are subject to the rules of professional conduct which govern attorney behavior and fee arrangements.