Trust Accounting and Credit Cards: Ethics, Compliance and Oklahoma’s New Surcharge Law
Safeguarding client funds remains one of the most fundamental duties in legal practice, yet modern payment technologies have introduced new complexity to trust accounting compliance. This essential program examines ORPC Rule 1.15 requirements—including proper handling of advance fees, prohibition against commingling, and monthly three-way reconciliation—while addressing the ethical risks posed by credit card processing systems. A major focus is Oklahoma's new credit card surcharge law, effective November 1, 2025, which can change how attorneys may pass processing fees to clients. The program provides comprehensive guidance on the amended Consumer Credit Code's 2% statutory cap, mandatory disclosure requirements at point of sale and online, verbal notification protocols, and the critical requirement for advance client consent. Presented by Julie Bays, Management Assistance Program Director for the Oklahoma Bar Association, participants will learn practical strategies for updating fee agreements to comply with the new law, implementing compliant surcharge practices, selecting appropriate payment processors, and strengthening trust accounting procedures to navigate modern payment methods while maintaining the highest standards of professional integrity and regulatory compliance.
Speaker:
Julie A. Bays began her legal career in 2002 at the Oklahoma Attorney General's Office, specializing in antitrust and consumer protection cases. She served on several task forces and committees, including the Oklahoma Bar Association Unauthorized Practice of Law Committee and the Federal Trade Commission Southwest Netforce.
Julie taught Continuing Legal Education classes on topics like Electronic Discovery and Ethics, The Zen of E-Discovery, and The Risks of Identity Theft and Consumer Fraud. She traveled across the state educating consumers about identity theft, internet fraud, and other scams. In recognition of her expertise, she was appointed Chief, Assistant Attorney General of the Consumer Protection Unit in 2013.
In November 2018, Julie joined the Oklahoma Bar Association (OBA) as their Practice Management Advisor. She works with the OBA Management Assistance Program to help attorneys with technological tools and management techniques to streamline their practices. She also contributes to the OBA’s Access to Justice initiatives, like the Oklahoma Free Legal Answers program. Julie is actively involved with the Law Practice Division of the American Bar Association, serving on multiple committees and writing articles for the Law Practice Magazine's Product Watch column. She served as Co-chair of ABA TECHSHOW Planning Board 2025 and is currently serving as a board member for ABA TECHSHOW 2026.
Disclaimer: All views or opinions expressed by any presenter during the course of this CLE is that of the presenter alone and not an opinion of the Oklahoma Bar Association, the employers, or affiliates of the presenters unless specifically stated. Additionally, any materials, including the legal research, are the product of the individual contributor, not the Oklahoma Bar Association. The Oklahoma Bar Association makes no warranty, express or implied, relating to the accuracy or content of these materials.