i HAVE AN ATTORNEY WHO SAID HE WANTED 3000 FOR A RETAINER BUT WHEN i WANTED TO PUT IT ON A CARD HE SAID U COULDN'T PUT A RETAINER ON A CREDIT CARD. HE CHANGED IT TO 4000 DOES THAT SOUND RIGHT?`
There are no requirements that an Arizona attorney accept credit cards for payment, and each attorney is allowed to set their own requirements for a retainer. There are exceptions, such as bankruptcy attorneys are typically prohibited from accepting payment by a credit card they will seek to have discharged in the bankruptcy. Additionally, attorneys are required to keep unearned funds in a trust account, and typically a credit card payment would go into the lawyer's business account, which may be prohibited under the circumstances. Sounds like you don't trust this attorney, so I recommend you find one you trust. Good luck.
The above "answer" is for discussion purposes only and is neither intended as legal advice nor to create an attorney-client relationship. An attorney-client relationship is not created until after an in person consultation and I agree in writing to provide representation. I am licensed solely in the state of Arizona. You should consult with a knowledgeable attorney in your jurisdiction.
Chapter 7 Bankruptcy Attorney
Some attorneys will accept a credit card for an advance on fees, but most I know do not. It has to do with our client trust accounts, which is where unearned fees must be deposited. And of course, a bankruptcy attorney should not accept payment by credit card if those charges will be discharged in the bankruptcy. As my colleague suggests, the bigger issue seems to be your lack of trust in your attorney. Trust your gut and work with an attorney you trust. Hope this helps.
There is never a proper substitute for consultation with an attorney licensed in your area, when you are facing a legal issue. No attorney-client relationship has been formed by my answering your question on Avvo. If your question has not been fully answered here, please feel free to contact my office for a free consultation. Ross M. Mumme The Law Offices of Ross Matthew Mumme,PLC www.mummelaw.com (602) 230-0167 (520) 269-3453
The attorney has the right to refuse a credit card payment. He may not have a credit card processing agreement.
Our Firm does accept advanced fees (retainers) via credit cards. We have a special credit card processing company that takes fees out of our operating account, leaving the trust balance untouched. Since, unearned trust fees belong to the client, an attorney has to be careful that credit card fees don't come out of your advanced fee. The Attorney also runs the risk of having the client dispute the charge and having the credit card company yank back the funds. For these reasons, some attorneys don't accept credit cards. Ultimately, it is up to the attorney. Good Luck.
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