Legal Question in Wills and Trusts in Virginia
A client gives a retainer to a Virginia lawyer who puts the funds in a trust account for future work on a divorce case. The client dies before the attorney uses the funds or any actions are taken with regard to a possible divorce. There is a possibility that the funds put in the trust account may have been paid by the adult child of the deceased. Since the death of the client was not anticipated it is assumed that that the trust fund did not name the adult child. Who would be entitled to the trust? What Virginia code of law would cover this?
1 Answer from Attorneys
A retainer in a divorce case should be deposited in the attorney trust account and remains the client's money until it is earned by the attorney. A lawyer may require advance payment of a fee, but is obliged to return any unearned portion. See Rule 1.16(d).
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