What does 45.8 require?

A general retainer is a fee charged for agreeing to be available to provide legal services as needed over a defined period. It pays for availability, not for work performed, so it is earned on payment and belongs in the operating account, not in trust.

Iowa Client Trust Account Rules (Iowa Court Rules Chapter 45) 45.8: A general retainer is earned when paid and stays out of the trust account

Other controls in Rules 45.7 to 45.11: advance fees, retainers, flat fees and successor signatories – Iowa Client Trust Account Rules (Iowa Court Rules Chapter 45)

45.10 Flat fees paid in advance go into trust and come out only under an agreement that protects the client's refund right
45.11 Sole signatories may designate a successor signatory who takes over on death, incapacity or discipline
45.7 Advance fee and expense payments: deposit in trust, withdraw as earned or incurred, notify in writing, refund the unearned
45.9 No nonrefundable special retainers and no withdrawal of unearned fees

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