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 Virginia, when a client provides a fee deposit or advance payment to an attorney for future legal services, this money is considered to remain the client's property until the attorney has actually earned it by performing the agreed-upon services. Consequently, such unearned fees must be kept in a separate trust or escrow account, as per the rules governing attorney conduct in Virginia. The attorney is not allowed to deposit these funds into their own operating account or use them in any way before the services are rendered. If the attorney-client relationship is terminated before the work is completed, whether by the client or the attorney, the attorney is typically required to refund any portion of the fee that has not been earned. 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 such agreement before entering into it.