Collecting a deposit before the work starts

A signed statement of work is a promise. A received deposit is a fact.

3 minute read · Last reviewed August 10, 2026 · How Termn runs a client SOW and deposit

In short

Treat the signature and the deposit as one sequence rather than two workflows: the client signs the statement of work, the deposit is requested immediately after, and the notice that work is authorized to begin goes out when the money is confirmed received, not when it is promised. The gap between signed and funded is where unpaid work happens.

Two systems that do not talk

In most firms the engagement letter lives in a signature tool and the deposit lives in billing. The signature tool announces that the document is complete. Billing announces, eventually, that an invoice was paid. Nothing joins the two, so nothing can tell you the state that actually matters: signed, and not yet funded.

The work starts anyway. Not through carelessness, but because someone senior said the client had signed, and that sounded like a green light.

Signed is not funded

It is the same gap that shows up in trust funding and in financing rounds, on a smaller scale and with more repetition. Every engagement that starts unpaid is a small unsecured loan to a client, made by whoever did the work.

The sequence that closes the gap

  1. 01

    Send the statement of work with the deposit terms in it

    The amount, when it is due, and what it is for. If the deposit is a condition of starting, say so in the document rather than in the covering email.

  2. 02

    Ask for the signature and the payment in one sitting

    The moment the client signs is the moment they are most willing to pay. A payment request that arrives three days later has lost that.

  3. 03

    Confirm the money against the account

    Card and bank collection give a processor confirmation. A wire or bank credit is confirmed against your own bank’s record. Either way, someone confirms, and a promise to pay does not.

  4. 04

    Then authorize the work

    The notice that work is authorized to begin is the output of the deposit clearing, not of the signature. That one ordering decision is the whole control.

  5. 05

    Record the pair

    The engagement file should show the executed document and the confirmed deposit together, with dates. Six months later, in a fee dispute, that pairing is the answer.

Choosing the rail

RailSuitsWhat to know
CardOrdinary deposits, immediate collectionHighest completion rate, processing fees on the receiving side, chargeback exposure for months
Bank debitLarger deposits from established clientsLower fees, and it can be returned days later, including as unauthorized by a consumer
Wire or bank creditLarge retainersEffectively final on arrival, no percentage fee, and it needs the client to make an errand of it

Termn adds nothing to the amount moved on any of them. Card and bank collection are processed into your own processor account at its ordinary rates and payout schedule, and a wire lands in your bank with nothing in between.

What the client should experience

  • One link, no account to create, and nothing to install.
  • The document to read and sign, with the deposit request immediately behind it.
  • A written confirmation of both, to them and to you.
  • A clear statement of what happens next and when.

A client who is asked to pay before work starts is not being distrusted, and the way to make that obvious is to be exact: name the amount, name what it buys, and confirm receipt in writing the same day.

Deposit, retainer, or advance: the words are not the same

Three arrangements get called the same thing, and they behave differently when the engagement ends early. The document should say which one it means.

A deposit against a fixed fee
Part payment of an agreed total, credited against the final invoice. If the work stops early, what is owed is a question of what was delivered against the fee.
An advance on hourly work
Money paid ahead and drawn down as time is billed. The unearned balance is ordinarily returnable, and saying so plainly in the engagement letter prevents most disputes about it.
A true retainer
Payment to secure availability, whether or not work follows. It is treated differently in many jurisdictions and, for lawyers, is constrained by professional conduct rules.
Where this stops being an operations question

For regulated professions, what may be charged, what must be held for the client, and what must be returned are governed by conduct rules rather than by preference. Those rules, and your trust accounting, sit outside anything described here.

Sources

This is an explanation of how a transaction works, not legal or tax advice. Termn is not a law firm, a bank, an escrow agent, or a money transmitter, and it never holds your money. What is right for your situation is a question for your own counsel, who decides it and drafts the documents that carry it.

Common questions

Why not send an invoice after signing?
You can, and the result is the familiar one: the engagement is signed, the invoice sits in an accounts payable queue, and work starts anyway because somebody is waiting. The point of pairing them is that the two facts arrive together, while the client is present and motivated.
Deposit or retainer? Do the words matter?
They matter for what the money is and how it is treated. A deposit against a fixed fee, an advance on hourly work, and a retainer that secures availability are different arrangements with different consequences if the engagement ends early. Say which one the document means.
Is this trust accounting?
No. Tracking that a deposit was requested, paid, and confirmed against an engagement is an operational record. If you hold client funds as a lawyer, your state’s client funds rules and your trust accounting system govern, and nothing here replaces either.
Which payment method should a deposit use?
For ordinary amounts, card or bank debit collected in the same sitting as the signature is the highest completion rate. For a large retainer, a wire or bank credit avoids fees and reversibility. The tradeoff is convenience against finality, and it is worth choosing deliberately per engagement.

Running one of these now?

Termn runs the statement of work and the deposit as one agreement, so a signed-but-unfunded engagement is a visible state instead of a surprise.

How Termn runs a client SOW and deposit Your first workspace is free, and nothing goes out until you send it.

Read next

  1. Which payments can be reversed, and for how long

    Money showing in the account is not the same as money you get to keep.

  2. What a settlement record has to contain

    The file is finished when a stranger can read it without asking anyone anything.

  3. Are electronic signatures binding, and where do they stop

    Almost everywhere, yes. The exceptions are the documents you care most about.

Everything else is in the learning center.

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