Friday, June 2, 2017

CREDIT CARD SURCHARGES - PART 4


With respect to attorneys and credit fees, the New York State Bar Association Committee on Professional Ethics, Opinion 1050 (3/25/15) stated:

"A lawyer may charge a client, as an administrative convenience, a nominally greater amount than the processing fees imposed on the lawyer’s account by a credit card company in connection with the client’s payment by credit card of the lawyer’s advance payment retainer, as long as (i) the client receives disclosure of the up-charge and consents to it before the lawyer imposes it, (ii) the amount of the up-charge is nominal, and (iii) total amount of the advance payment retainer and the processing fees (including the up-charge) are reasonable under the circumstances.        

Rules: 1.5(a) & (b)"

As a note, the full opinion makes no mention of General Business Law 518. See http://www.nysba.org/CustomTemplates/Content.aspx?id=55646

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