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How to add credit card language to your attorney fee agreements

If you’d like to add payment language to your legal agreements, we’ve provided sample language below that you can use for a number of scenarios.

Updated over a week ago

Overview

To clarify your clients’ payment options and protect your firm against payment disputes, it is recommended to add payment clauses to your attorney fee agreements and intake paperwork. These should clarify that your firm accept credit cards, ACH, and/or other electronic payment methods.

The most common way attorneys incorporate this language is by adding it directly to their contracts or by appending credit card authorization forms to their original agreements.

NOTE: Lawyers utilizing these forms should customize the clauses to meet their practice needs, taking into account any disciplinary rule or statutory requirements in their jurisdiction.


FORMS OF PAYMENT

Your legal fees are due and payable [upon receipt of the billing] to be paid not later than [the last day of the month] and may be satisfied with any of the following payment options:

a) By the application of funds held in the firm’s trust account for prepayment of fees, which the firm shall be entitled to transfer upon invoicing.

b) By paying by paper check or ACH (automated deduction from client’s designated checking account).

c) By the use of a credit card in person or by accessing the firm’s payment page [insert your hyperlink], provided that client understands that by clicking “Enter Payment” the client agrees to pay the entire payment amount for the bill selected, and authorizes the firm to charge the client’s designated payment method for the payment amount. Please initial your authorization and agreement: _________.

d) By paying in cash at the offices of the firm, at which time a written receipt will be generated for you.

​PROMISE TO PAY PROVISION

Once services are engaged, the client recognizes that they are contractually bound to the lawyer for their entire fee. All fees paid are nonrefundable and must be paid in full. It is further understood and agreed that if client or any third party paying professional fees for client pays such fees through the use of a debit card, credit card, or other electronic means, such payments cannot be revoked or reversed in any manner by the client.

Client initials: _________​

AUTOMATIC REPLENISHMENT OF RETAINER VIA CREDIT CARD

Client agrees to maintain a minimum prepaid fee retainer balance of $________, which shall be maintained in the firm’s trust account, and be paid/replenished monthly, along with the monthly invoices for services rendered by the firm. By way of example, if the invoice for fees and expenses is less than the required prepaid fee retainer, client agrees to pay into the firm’s trust account only the amount equal to billing. If the billing exceeds the minimum prepaid fee retainer, client agrees to pay the entire balance to the firm’s operating account, thus maintaining the prepaid fee retainer intact.

Client agrees to provide any further necessary authorizations to charge the following credit card for paying the bill or replenishment amount:

[Citibank MasterCard ending in 1234]

I hereby authorize [insert firm name] to charge the balance due each month to pay the outstanding invoice or replenish the prepaid fee retainer, with such charge being made once per month on or after the ____ day of each month as necessary.

Client initials: _______

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