Prompt
How do I ensure my time tracking and billing workflow with practice management software is compliant with trust accounting rules?
Latest observation
To keep your time tracking and billing workflow compliant with trust accounting rules, the key principle is: do not mix client trust funds with earned fees or operating funds until the fee is properly earned, transferred, and billed according to your jurisdiction’s rules.
Here’s a practical checklist you can use with most practice management software:
1) Separate the three things clearly
Your software and workflow should distinguish between:
- Time entries — work performed, not yet billed
- Accounts receivable (A/R) — fees that have been invoiced and are owed
- Trust ledger balances — client funds held in trust, not yet earned
Avoid any workflow where “time entry” automatically reduces trust or posts revenue before billing.
2) Record trust deposits as trust funds, not income
When a client deposits an advance retainer:
- Post it to the client trust account/ledger
- Do not treat it as earned income
- Do not route it into operating revenue
Your software should show:
- Firm trust bank balance
- Individual client trust ledger balance
- Any unused trust held for that client
3) Bill time first, then apply trust if allowed
A compliant flow usually looks like this:
- Enter time
- Generate invoice
- Determine what portion may be paid from trust
- Transfer only the earned amount from trust to operating
- Apply trust funds to the invoice
This sequence matters because trust funds generally cannot be removed until the fee is earned and properly billed, unless your jurisdiction allows otherwise and the client has authorized it.
4) Make sure the software supports three-way matching
Ideally, your system should support:
- Timekeeper records
- Client invoice
- Trust disbursement/transfer
That way, every trust withdrawal can be traced to:
- a specific client
- a specific invoice
- a specific earned fee
This audit trail is essential.
5) Don’t let software auto-sweep trust without controls
Be cautious with features like:
- automatic trust replenishment
- auto-apply retainers
- auto-pay invoices from trust
- auto-transfer funds when time is entered
These features can create compliance problems if they move money before fees are earned or without required client notice/consent.
Best practice:
- Require manual approval for trust transfers
- Restrict who can post trust transactions
- Use approval logs or two-step review if possible
6) Reconcile trust frequently
You should reconcile:
- Bank trust account
- Client trust subledger
- Matter-level trust balances
- Open invoices and unapplied credits
Do this at least monthly, and often more frequently if your jurisdiction requires it.
Red flags:
- Client ledger doesn’t match bank balance
- Negative trust balances
- “One-pot” or pooled trust funds not properly allocated
- Trust credits sitting on operating books
7) Handle advanced fees and retainers correctly
Different types of retainers are treated differently depending on jurisdiction:
- General/security retainer: often remains client property until earned
- Advanced fee deposit: usually goes to trust until work is completed
- Flat fee: may have special rules; sometimes earned on receipt, sometimes not
Your workflow should reflect the specific retainer type and local rules.
8) Keep invoices and trust transfers linked
Each trust withdrawal should be supported by:
- an invoice
- a description of work performed
- approval or notice to the client if required
- a ledger entry showing the transfer from trust to operating
This is especially important for audits or disputes.
9) Use role-based access and audit trails
Your system should log:
- who entered time
- who approved billing
- who authorized trust transfers
- who edited invoices or ledgers
Limit access so only authorized staff can:
- move trust funds
- edit trust balances
- void or alter invoices tied to trust
10) Confirm local jurisdiction rules
Trust accounting rules vary by jurisdiction. Common differences include:
- when fees are “earned”
- whether flat fees must go to trust
- whether client consent is needed to apply trust
- notice requirements before withdrawing from trust
- recordkeeping and reconciliation rules
So the final compliance check should be:
- your software workflow
- your internal policies
- your jurisdiction’s ethics/accounting rules
A simple compliant workflow
A common safe workflow is:
- Client pays advance retainer into trust
- Time is entered as work is performed
- Invoice is generated for earned fees
- Approved portion is transferred from trust to operating
- Trust and operating ledgers are reconciled
- Client receives a statement showing trust usage
What to ask your software vendor
Ask whether the software can:
- keep trust and operating funds fully separate
- maintain client-level trust ledgers
- prevent trust disbursement without an invoice
- produce audit logs
- reconcile trust bank and subledger balances
- support your jurisdiction’s rules on retainers and flat fees
If you want, I can also give you a sample compliant workflow diagram or a checklist for evaluating practice management software trust features.
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