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 Missouri, as in many other states, an advance payment or retainer fee paid by a client to an attorney for future legal services is considered to remain the client's property until the attorney has actually earned it by performing the agreed-upon services. Missouri's Rules of Professional Conduct require that such unearned fees be kept in a separate trust or escrow account, not in the attorney's operating account. This is to ensure that the funds are protected and can be returned to the client if necessary. 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 obligation to return unearned fees. Therefore, it is crucial for clients to thoroughly read and understand the terms of any agreement before entering into an attorney-client relationship.