Formal Opinion 157.
(1975)
The Use of Credit Cards for the Payment of Legal Services Is Permitted If Specified Guidelines Are Followed

[Portions of this Opinion, indicated by ***, have been withdrawn.]

The Code of Professional Responsibility is broad enough to permit the use of credit cards for legal services and costs, whether they be rendered or incurred or are expected to be rendered or incurred in the future. The CPR Committee agrees with ABA Formal Opinion No. 338 (November 16,1974) on this subject and agrees with the reasoning behind it, which broadly sanctions the use of credit cards subject to specific guidelines. The credit card plan should be in accord with and the conduct of attorneys must conform to the following guidelines:

***

4. A lawyer shall not encourage participation in the plan, but his position must be that he accepts the plan as a convenience for clients who desire it; and the lawyer may not, because of his participation, increase his fee for legal services rendered the client.

5. Charges made by lawyers to clients pursuant to a credit card plan may be for services actually rendered or to be rendered or costs actually paid or to be paid on behalf of a client.

6. In participating in a credit card program, the attorney shall scrupulously observe his obligation to preserve the confidences and secrets of his client. A corollary to the use of credit cards is the charging of interest on delinquent accounts. It is the committee’s opinion that it is proper for an attorney to use a card system which involves interest charges on delinquent accounts.