Could a lawyer generally accept credit cards for payment of fees?

Short answer The opinion answered yes as a general rule, without approving every implementation. It said Formal Opinion 112's former fee-splitting prohibition had been withdrawn in 1982.
Bar
MOLEC
Issued
1994

Apply this to your situation

This page answers the general question as of 1994. Ask about yours and see what the current Missouri Rules of Professional Conduct say for your facts, with citations.

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 opinion asked whether lawyers could accept credit cards for fees. It answered yes as a general rule, but did not give blanket approval to any particular payment system.

It noted that Formal Opinion 112, issued in 1974, had prohibited credit cards on fee-splitting grounds but was withdrawn in 1982. The opinion cited no numbered rule.

Currency note

This 1994 opinion predates Missouri's 2007 amendments to its Rules of Professional Conduct. An official reference note identifies July 1, 2007 amendments to Rules 4-1.9 and 4-1.10. Subsequent rule amendments or later opinions may have changed the analysis. Treat this page as historical context and verify current rules before relying on it.

Common questions

Q: Were credit card payments generally permissible?

A: Yes, under the opinion.

Q: Did it approve every payment system?

A: No. It reserved judgment on particular systems.

Background and rules framework

The opinion distinguished general acceptance of credit cards from approval of a specific system and recorded withdrawal of the older contrary Formal Opinion 112.

Citations and references

Other opinions cited:

  • Missouri Formal Opinion 112 (withdrawn in 1982)

See also

Source

Original opinion text

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

QUESTION: May Attorney accept credit cards for payment of fees? ANSWER: As a general rule, the answer is yes. However, this opinion does not imply blanket approval for any specific system an attorney may implement. Formal Opinion 112 which was issued in 1974 and indicated that this conduct was prohibited, because it would result in fee splitting, was withdrawn in 1982.

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This opinion is from 1994. Ezel checks the current Missouri Rules of Professional Conduct against your situation and cites the rules it relies on.

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