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 Ohio, 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. Ohio's rules of professional conduct require that such unearned fees must be kept in a separate trust or escrow account, not in the attorney's operating account, to avoid any misuse of client funds. If the attorney-client relationship is terminated before the attorney has fully earned the fee, the attorney is typically required to refund the unearned portion to the client. However, the specific terms of the engagement letter or agreement between the attorney and the client can affect the attorney's obligation regarding unearned fees. Clients are advised to carefully review and understand the terms of any such agreement before entering into it.