State Bar of California Formal Opinion 2007-172

State Bar of California Standing Committee on Professional Responsibility and Conduct Formal Opinion 2007-172

Topic: Payment of fees and/or expenses by credit card.

Digest of the Committee:

1. An attorney may ethically accept payment of earned fees from a client by credit card. In doing so, however, the attorney must discharge his or her duty of confidentiality.

2. Likewise, an attorney may ethically accept a deposit for fees not yet earned from a client by credit card, but must discharge his or her duty of confidentiality.

3. By contrast, an attorney may not ethically accept a deposit for advances for costs and expenses from a client by credit card because the attorney must deposit such advances into a client trust account and cannot do so initially because they are paid through an account that is subject to invasion.

 

Rules:

California Rules 1-320, 3-100, 3-700, 4-100, and 4-200

Business and Professions Code section 6068

 

The full text is available at http://ethics.calbar.ca.gov…