Advisory Opinion: 1826

Year Issued: 1998

RPC(s): RPC 1.5; Formal Opinion 157; ABA Opinion 338

Subject: Charging legal fees and costs to client's credit card sixty days after billing as authorized

The Committee researched and reviewed your inquiry concerning whether it is ethical to charge legal fees and costs to a client’s credit card sixty days after billing the client when the client has authorized such a charge in an engagement letter and determined the following:

Yes, assuming that the fee has been earned, is reasonable, has not been contested and that the fee agreement complies in other respects with RPC 1.5. The inquirer is directed to WSBA Formal Opinion 157 (1975) which considered the use of credit cards and adopted, in relevant part, ABA Opinion 338 (1974).

Advisory Opinions are provided for the education of the Bar and reflect the opinion of the Committee on Professional Ethics (CPE) or its predecessors. Advisory Opinions are provided pursuant to the authorization granted by the Board of Governors, but are not individually approved by the Board and do not reflect the official position of the Bar association. Laws other than the Washington State Rules of Professional Conduct may apply to the inquiry. The Committee's answer does not include or opine about any other applicable law other than the meaning of the Rules of Professional Conduct.