Ezel / Ethics Opinions / MOLEC

May a Missouri lawyer pass credit-card processing fees to a client?

Short answer Yes, if disclosed in advance, limited to actual processing cost, accepted with informed consent, and consistent with processor terms and law. If the lawyer pays the fee, it cannot be deducted from or prefunded in the trust account.
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MOLEC
Issued
2019

Apply this to your situation

This page answers the general question as of 2019. Ask about yours and see what the current Missouri Rules of Professional Conduct say for your facts, with citations.

Currency note: this opinion is from 2019
Subsequent statutory amendments, court decisions, or later opinions or rule amendments may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.
How much weight this carries: Under Missouri Supreme Court Rule 5.30, formal opinions are binding; informal opinions are advisory. Source.
About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official ethics opinion. The original opinion (linked on this page) is the authoritative source for any reliance.

Plain-English summary

The lawyer may charge the client no more than the actual processing fee when the charge is clearly communicated in advance, ideally at the representation's outset, and the client gives informed consent. The arrangement must also comply with the processor's terms and applicable law.

If the lawyer absorbs the fee, the lawyer must prevent its deduction from the trust account. Rule 4-1.15(b) also prohibits depositing lawyer money in trust to cover processing fees.

In practice

Under this opinion, passing the fee and absorbing it use different account rules. Client payment requires advance disclosure, actual-cost limitation, and consent; lawyer payment remains outside trust.

Common questions

Q: May the lawyer mark up the processing fee?

A: No. The charge may not exceed the actual fee.

Q: When should it be disclosed?

A: In advance, ideally at the outset.

Q: May a lawyer-paid fee come from trust?

A: No, and lawyer funds may not be deposited there to pay it.

Background and rules framework

Rule 4-1.0(e) governs informed consent. Rule 4-1.15(b) governs lawyer funds and processing-fee deductions involving trust.

Citations and references

Rules of Professional Conduct:

  • Missouri Rules 4-1.0(e) and 4-1.15(b)

Other opinions cited:

  • Missouri Informal Opinion 2014-05

See also

Source

Original opinion text

Reproduced from the official source for research purposes. The linked source is authoritative.

Question: Attorney accepts payments from clients using credit cards. Is it permissible for Attorney to pass on the credit card processing fees to clients?

Answer: Attorney may pass on credit card processing fees to a client provided the charges are clearly communicated to the client in advance (ideally, at the outset of the representation), the additional charges reflect no more than the actual processing fees, the client gives informed consent to the arrangement (see Rule 4–1.0(e)), and the arrangement is consistent with the processor’s terms and conditions and with applicable law. If Attorney chooses to pay the credit card processing fee rather than pass the fee on to the client, Attorney must ensure that the processing fee is not deducted from Attorney’s trust account. Attorney is not permitted to deposit Attorney’s funds in the trust account for the purposes of paying credit card processing fees. See Rule 4–1.15(b). See also Informal Opinion 2014–05 regarding the ethics of accepting credit card payments for legal services.

What do the rules say today, for your facts?

This opinion is from 2019. Ezel checks the current Missouri Rules of Professional Conduct against your situation and cites the rules it relies on.

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