Opinions of the General Counsel

Year2025
Pages0422
CitationVol. 86 Pg. 0422
OPINIONS OF THE GENERAL COUNSEL

Vol. 86 No. 1 Pg. 422

Winter 2025

Roman A. Shaul
roman.shaul@alabar.org

Lawyers May Pass Along Credit Card Processing Fees to Clients

Question:

I give clients the option of paying my legal fees via credit card. In doing so, I incur a merchant processing fee per transaction. Can I ethically pass along the merchant processing fee to clients who choose to pay by credit card?

Answer:

Yes. A lawyer may pass along a merchant processing fee to clients who pay for legal services by credit card, provided that both the amount of the legal fee and the processing fee are reasonable. The lawyer must also explain the additional charge to the client and obtain the client's consent in advance. The processing fee charged to the client should be the same amount charged to the lawyer, and the lawyer should not include any additional costs or fees in the processing fee.

Discussion:

Historically, the...

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