Ulrich Smith killed himself in an apparent murder-suicide last week. [RJ]
Security company, Securitas, sued over two deaths involving guards. [RJ]
The most Eglet Prince could get under its contract with the State of Nevada for the opioid lawsuit is $350 million if recovered damages are above $1.5 billion. Plus, a fascinating look into how the AG’s former firm was selected. [TNI]
Two dispensaries are seeking an injunction to stop licenses issued in Dec. 2018. [LasVegasNow]
From big law to legal blogging to legal recruiting? That’s the career trajectory of Above the Law founding editor David Lat who is moving on to work for Lateral Link. [Above the Law]
I wouldn't make the effort to investigate. I would just have the client cut a check to my trust account and call it a day. Why would they want to pay you by Venmo? It sticks them with the transaction fee. Sounds like a shady client.
IMO, no. Unearned fees have to go to a Trust account. Also, when you use Venmo, they're charging a transaction fee. That's fine when it's paid from on operations account with your own money, but now when the costs are coming from the client's funds.
Counterpoint: credit card servicers are now charging processing fees for use of credit cards. How is a client incurring a credit card fee or a wire transaction fee any different than a P2P fee?
As to the cutting a check, client is in New York and needs services to commence immediately and does not want to wait to FedEx a check (which its too late on the East Coast to send anyway).
Counter-counterpoint: Credit card servicers always have charged processing fees. Servicers that work with attorneys draw their fees from an operations account, not the trust account.
Heads up: LawPay offers e-checks, too. $2.00 per e-check fee, which is a hell of a lot nicer than a 3% credit card ding.
Guest
Anonymous
May 7, 2019 10:56 pm
Yes, use LawPay, and have your client do an e-check, NOT a credit card.
LawPay charges your operations account for the fees, and deposits the full amount of client's money in your trust.
Lawpay's ACH system, at least what I have with them, doesn't do IOLTA – it only deposits into operating. Their credit/debit card system does the split – deposit into IOLTA, take merchant fees from Operating. I've used it for ~5 years now and it works flawlessly.
You can't take advance fees through any system that takes a portion of the payment made to you, and to any system that doesn't deposit into your IOLTA of course. Zelle would work but you'd need to setup Zelle to deposit into your IOLTA (which is easy to do with banks that directly support it.)
Give LawPay a call. Their e-check offering is fairly new, like they rolled it out on the last 5 months. They had something before, but it was through a 3rd party, and the options weren't great. They absolutely can go to your trust account now.
@7:56 – I appreciate the heads up. I contacted Lawpay and they added the IOLTA deposit feature to my present Operating acct deposit option for eChecks. That is going to save a lot on these large debit card retainer payments. $2 instead of 3% adds up quickly.
Who filed the cases against Securitas? I'm not a paywall kind of guy.
Looks like Ben Cloward and Todd Moody, respectively.
Thanks.
Cannot find a viable answer and certainly am not calling the Ethics Hotline. Can you take fee advances via Venmo/PayPal?
I wouldn't make the effort to investigate. I would just have the client cut a check to my trust account and call it a day. Why would they want to pay you by Venmo? It sticks them with the transaction fee. Sounds like a shady client.
IMO, no. Unearned fees have to go to a Trust account. Also, when you use Venmo, they're charging a transaction fee. That's fine when it's paid from on operations account with your own money, but now when the costs are coming from the client's funds.
Counterpoint: credit card servicers are now charging processing fees for use of credit cards. How is a client incurring a credit card fee or a wire transaction fee any different than a P2P fee?
As to the cutting a check, client is in New York and needs services to commence immediately and does not want to wait to FedEx a check (which its too late on the East Coast to send anyway).
How about using Zelle through your banks? Most major banks have it, including Wells Fargo and Chase.
Counter-counterpoint: Credit card servicers always have charged processing fees. Servicers that work with attorneys draw their fees from an operations account, not the trust account.
Heads up: LawPay offers e-checks, too. $2.00 per e-check fee, which is a hell of a lot nicer than a 3% credit card ding.
Yes, use LawPay, and have your client do an e-check, NOT a credit card.
LawPay charges your operations account for the fees, and deposits the full amount of client's money in your trust.
And no, I don't work for them, etc.
Looking at the link from State Bar of Nevada, it appears that LawPay is 1.95% processing fee on credit card and $2 on e-check.
Processing Rates
1.95% + 20¢
Specialty Cards: 2.95% + 20¢
This includes all American Express and other reward, corporate and international cards.
0% eCheck + $2/transaction
Lawpay's ACH system, at least what I have with them, doesn't do IOLTA – it only deposits into operating. Their credit/debit card system does the split – deposit into IOLTA, take merchant fees from Operating. I've used it for ~5 years now and it works flawlessly.
You can't take advance fees through any system that takes a portion of the payment made to you, and to any system that doesn't deposit into your IOLTA of course. Zelle would work but you'd need to setup Zelle to deposit into your IOLTA (which is easy to do with banks that directly support it.)
7:56,
Give LawPay a call. Their e-check offering is fairly new, like they rolled it out on the last 5 months. They had something before, but it was through a 3rd party, and the options weren't great. They absolutely can go to your trust account now.
@7:56 – I appreciate the heads up. I contacted Lawpay and they added the IOLTA deposit feature to my present Operating acct deposit option for eChecks. That is going to save a lot on these large debit card retainer payments. $2 instead of 3% adds up quickly.