A fee deposit or advance payment from a client to an attorney for services to be performed in the future remains the property of the client until it is earned by the attorney. Such an unearned fee deposit generally must be held in the attorney’s trust or escrow account and not deposited into the attorney’s operating account or otherwise accessed until the attorney has done the work and earned the fee.

If the client or the attorney terminates the representation at any time, the attorney generally must return the unearned portion of the fee to the client. The terms of the engagement letter or agreement between the attorney and client may impact the attorney's obligation to return unearned fees, and a potential client should read and understand it.

In Florida, when a client provides a fee deposit or advance payment to an attorney for future legal services, that money remains the client's property until the attorney has earned it through work performed. Florida Bar rules require that such unearned fees must be kept in a separate trust or escrow account, not in the attorney's operating account. This ensures that the funds are protected and only used once the attorney has provided the agreed-upon services. If the attorney-client relationship is terminated before the work is completed, the attorney is typically required to refund any unearned portion of the fee to the client. However, the specific terms of the engagement letter or agreement between the attorney and the client can affect the obligation to return unearned fees. Therefore, it is crucial for clients to thoroughly read and understand the terms of any agreement before entering into a legal relationship with an attorney.