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(1) Advocates and Solicitors are permitted to accept the use of credit cards by their clients for the purposes of payment of their fees, provided always that, in so doing and in entering into any Merchant Agreement or other contract with a credit card company or provider, an Advocate and Solicitor shall at all times ensure full compliance with the following:

(i) A provision must be made to prohibit the disclosure in any manner of any confidential information relating to the card holder or to his dealings or communications with his Solicitor, unless such disclosure is required by law or made with the prior written consent of the card holder. A recommended form of such a provision is as follows:

“Neither the credit card company/provider nor [the Solicitor/Merchant] shall in any manner sell purchase release provide disclose or exchange any credit card information relating to the card holder (in whatever form, and however obtained), including (without limitation) any billing information or details pertaining to the card holder or information regarding him or his transaction or dealing or communication with his Solicitor [the Merchant] or concerning the credit card scheme, unless such disclosure:

(a) is done with the prior written consent of the card holder; or

(b) is required by law to be made; or

(c) is made pursuant to any rule/ruling made by the Bar Council; or

(d) is made to an employee or agent of the credit card company/provider in the ordinary course of its operations; or to an employee or agent of the Solicitor/Merchant for the purpose of assisting the Solicitor/Merchant in the performance of his duty or business; or to the Issuing Bank or Acquiring Bank [or Visa International, as the case may be] for the settlement of any billing or payment dispute that may have arisen.”

(2) A Solicitor or his firm shall not in any way participate in (or be required to participate in) any advertisement or promotion exercise or campaign of any nature. However, a notice or display disclosing the acceptance of the use of a credit card is allowed provided the same is placed only within the premises of a law firm and is not (in the opinion of the Bar Council) obtrusive or of an unusually large size.

(3) Bona fide “service charges” or “commissions” levied by a credit card company/provider in respect of the use of credit card will not be regarded as a form of “sharing of fees” by the Solicitor with the credit card company/provider. Usage of the former term is preferred to the latter. However, there cannot be any agreement or arrangement of any nature which results in the card holder being offered or given a discount or rebate or refund of any part of the fees or payments made by using the credit card, where the same may amount to a breach of any provisions of the Solicitors’ Remuneration Order .

(4) It shall be the responsibility of a Solicitor to ensure that, in accepting the use of credit cards or in contracting with a credit card company/provider or in any other matter relating thereto, he shall not do or omit to do anything which amounts to a breach of any applicable laws, rules, rulings or regulations. In the event of doubt, a Solicitor is encouraged to seek the Bar Council’s directions.