What should a lawyer do with an advance payment if not all of it is earned?

When a lawyer receives an advance payment from a client, this amount is typically considered a retainer. It is essential for the lawyer to adhere to ethical obligations regarding how this payment is handled. If the lawyer does not earn all of the advance payment through services rendered, the ethical duty is to refund any unearned portion back to the client. This practice aligns with the principles of maintaining client trust and transparency in the attorney-client relationship.

The responsibility to return unearned fees underscores the importance of trust and ethical conduct in the profession. It ensures that clients receive fair treatment and prevents any potential misuse of funds that could arise from keeping money that was not earned through actual work performed. Thus, the appropriate course of action for a lawyer in this situation is to refund the client any amount that was not earned.