MBA opinion 83-1

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Hii sir, Will you Please Provide me the Summary of the Ethics Opinions
Opinion No. 83-1 of the Massachusetts Bar Association ?

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The Massachusetts Bar Association is a voluntary, non-profit bar association in Massachusetts with a headquarters on West Street in Boston's Downtown Crossing. The MBA also has a Western Massachusetts

Summary of the Ethics Opinions
Opinion No. 83-1

Summary: An attorney may ethically charge interest on unpaid balances for legal services previously rendered whether or not the attorney and client agreed to such charging of interest prior to the rendering of services, provided that the client has notice and a reasonable opportunity to pay the balance due without interest. MBA Opinion No. 75-5 is superseded to the extent it is inconsistent with the foregoing.

Facts: A lawyer inquires if he may ethically charge interest on unpaid balances for legal services previously rendered, with notice and a reasonable opportunity for the client to pay the balance due without interest.

Discussion: In our Opinion No. 75-5, we stated that an attorney should be permitted to charge interest on a delinquent account only if the client so agrees before services are rendered or disbursements are incurred. This restriction was believed necessary in order "to preserve a proper relationship of trust and confidence between lawyer and client " This advice, although apparently consistent with ABA Formal Opinion 338 (1974), no longer represents the view of the committee.
This change reflects the emerging realization that there are business aspects of the legal profession, as indicated by new advertising rules and the more permissive use of credit card arrangements.