What conditions apply for a lawyer to hold advance legal fees?

For a lawyer to hold advance legal fees properly, the condition that they may only be withdrawn when services are actually performed is pivotal. This aligns with the Model Rules of Professional Conduct, which require that any funds received in advance for legal fees must be placed in a trust account and can only be taken as the lawyer performs the work. This ensures that the client’s funds are protected until the services are rendered, thereby promoting fiduciary responsibility.

The other options do not conform to the ethical guidelines set forth in the Model Rules. Fees must not be treated as available for immediate use or for other expenses until the work corresponding to those fees has been completed. Moreover, while funds may be returned to clients if they are unearned, it cannot simply be done at any time heedlessly. The notion of keeping funds indefinitely until a client requests an update also disregards the obligation of the lawyer to provide transparency and accountability regarding the advance fees held. Thus, the proper understanding and adherence to the withdrawn conditions allows for ethical management of client funds in accordance with professional conduct standards.