Under the ABA, what is required for an advance payment of fees?

For an advance payment of fees, it is required that the funds be deposited into a client trust account. This requirement is rooted in the obligation lawyers have to maintain client funds separate from their own. By placing the advance payment into a client trust account, the lawyer ensures that the client’s funds are protected and used only for the intended purpose, which is the payment of legal services as they are earned.

When a lawyer receives advance fees, these payments are not immediately the lawyer's property until they have been earned through the provision of legal services. This means the funds must remain in the trust account until the lawyer has performed the work for which the fees were intended.

Maintaining this separation helps prevent misappropriation of client funds and upholds the ethical responsibilities lawyers have to their clients. Thus, it supports the integrity of the legal profession and fosters trust between lawyers and their clients.