I live in Colorado. My lawyer and case are in California. Can my attorney add a surcharge of 3.3 , of the amount charged on my AmEx?

Question

I live in Colorado. My lawyer and case are in California. Can my attorney add a surcharge of 3.3% , of the amount charged on my AmEx?

Answer

It depends on what the money is for. Ethically, a California attorney can accept payment for both earned and unearned legal fees by credit card. A California attorney, however, is not supposed to accept a credit card for advances for costs and expenses. (See State Bar Formal Opinion 2007-172; http://ethics.calbar.ca.gov/LinkClick.aspx?fileticket=ngt5WX-QswE=&tabid=836)