A. Lawyers are required to place all unearned fees into a State Bar approved Attorney Client Trust Account. This is because the deposit does not belong to the attorney, it belongs to the client. It is only after fees are earned or costs are expended that the attorney may remove that amount of money from their trust account. Some lawyers do not maintain or use their trust accounts, and some will take the money upon retention as though they have earned it. This can result in discipline against the lawyer.
The importance of ensuring that you attorney follows State Bar practices cannot be overstated. Do not hire a lawyer that does not maintain a trust account.
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