Accounts Receivable Retainers vs Trust Retainers

1 May 2025 · 32 min
32:18

In this episode of the Accountants Law Pod, hosts Lynda Artesani, Sarah Prevost, and Steven Libhart explore the nuanced differences between accounts‑receivable (AR) retainers and trust retainers used by law firms. They explain how AR retainers function like deposits in other industries, while trust retainers are subject to strict fiduciary rules. The conversation covers jurisdictional variations (e.g., New York, New Jersey, California, IOLTA vs IOLA), the impact of billing models such as flat‑fee, subscription, and contingent arrangements, and the challenges posed by practice‑management software (Clio, LeanLaw, QuickBooks, Xero) that are built for trust accounting rather than AR retainers. The panel offers concrete workflow recommendations—using secondary operating accounts, sub‑accounts, custom reports, and reconciliation checks—to avoid negative AR balances, mis‑allocation, and compliance pitfalls. They discuss tax treatment (liability vs asset, year‑end entries), cleanup scenarios when funds are placed in the wrong account, and the importance of clear client communication and robust internal controls. The episode ends with practical tips for accountants and bookkeepers handling retainers, emphasizing diligence, documentation, and staying current with state bar regulations.

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