What does 45.9 require?

A special retainer is a fee charged for performing contemplated services and paid before they are performed. A lawyer may not make a special retainer nonrefundable and may not withdraw fees that have not been earned.

Iowa Client Trust Account Rules (Iowa Court Rules Chapter 45) 45.9: No nonrefundable special retainers and no withdrawal of unearned fees

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
45.8 A general retainer is earned when paid and stays out of the trust account

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