Trust money is not firm money

Client funds are the area where a bookkeeping mistake can turn into an ethics problem, so the books have to separate them cleanly.

We can prepare or review your monthly trust reconciliations and keep your operating books separate. Under the court rules, the trust account remains the attorney’s responsibility.

Retainers and case costs: the tax timing

Taxes for law firm owners

Bookkeeping habits that pay off

Frequently asked questions

Do you handle attorney trust account reconciliations?

Yes. We can prepare or review the monthly three-way reconciliation of your trust account and keep it separate from the operating books. Under the court rules, the trust account remains your responsibility as the attorney.

Is a retainer taxable when I receive it?

It depends on the agreement. An advance fee held in trust is generally not income until you earn it and transfer it to operating. A nonrefundable retainer the firm controls on receipt can be income when received.

Can I deduct case costs I advance on contingency cases?

Generally not right away. Costs advanced on contingency matters are usually treated as loans to the client until the case resolves, and any unrecovered amount is deducted then.

Do lawyers get the QBI deduction?

Sometimes. Law is a specified service business, so the 20% deduction phases out above certain income levels, and higher-earning attorneys often lose it entirely.

Should my law practice be an S corporation?

Often, once profit is well above a reasonable salary for an attorney. The analysis also weighs payroll costs, state taxes, retirement plans and BAIT or PTET elections.