A law firm can send the link from the text thread with Text2Pay in GoHighLevel once the client has signed the engagement letter. The bottom line: the link is the easy part, and the harder question is where the money lands, because retainers are often unearned funds that belong in a client trust account, and a card processor does not always pay out to one.
What bar opinions say
ABA Formal Opinion 00 419, issued in 2000, allows lawyers to accept credit cards for fees. A 2023 Tennessee opinion says a lawyer may accept credit cards or payment apps for fees, including unearned retainers, as long as the lawyer complies with the rules on confidentiality, how card fees are treated, and the security of client trust funds. Minnesota's trust account rules go further: a lawyer may accept trust funds by credit card, but if the card company cannot credit the trust account while debiting its fees from another account, the payment must go into the business account and the unearned portion must be transferred to trust immediately. A Tennessee summary notes that Oregon suggests the simple solution of limiting card payments to earned fees. Rules differ, and some states treat flat fees as earned on receipt while others do not.
This is not a small issue. In Massachusetts bar counsel's 2016 report, trust account violations were 29 percent of the most common allegations and fee violations 14 percent.
Three ways to route the money
| Option | How it works | Risk |
|---|---|---|
| Processor pays into the trust account with fees debited from operating | Card funds and fees are separated | Needs a processor and bank that support it |
| Card payment to operating, then immediate transfer of the unearned part to trust | Follows the Minnesota approach | The transfer must be prompt and recorded |
| Cards only for earned fees, trust retainers by check or transfer | Oregon's simple solution | Slower for the client |
Build it in GoHighLevel
A third party guide describes Text2Pay as a payment icon in the message composer that lets you choose a product or enter an amount and sends a Stripe checkout link, and GoHighLevel's Payment Received trigger page says the trigger fires for Text2Pay payments.
- Ask your bar or ethics counsel which of the three routing options your state allows, and confirm with your payment processor where funds and fees are settled.
- Connect the processor that matches the answer under Payments, then Integrations.
- Create products named Advance fee retainer and Earned fee payment, with separate descriptions.
- After the engagement letter is signed, send the link from the text thread with the exact amount in the letter.
- Build a workflow with the Payment Received trigger that tags the payment, sends a receipt, and creates a task for the bookkeeper to record it in the trust ledger.
- Never send the link before the fee terms are signed.
Worked example
For example, if a firm collects 25 retainers a month averaging $3,000, that is $75,000 (25 times 3,000). A wrong routing choice across that flow can create a trust account violation in a single month, so the task for the bookkeeper is the control.
Mistakes to avoid
- Sending the link before the engagement letter is signed. The fee terms must be agreed first.
- Depositing unearned funds into operating without a transfer. That is commingling.
- Letting card fees come out of trust. Fees must not reduce client funds.
- Ignoring the state's flat fee rule. Some states treat flat fees differently.
How this was handled before
Clients wrote a check or paid at the office, and the check went straight to the trust account. Credit cards arrived in the early 2000s, and the ABA addressed them in 2000. A text payment link is the same question in a new form: where does the money land, and can fees come out of it.
What to measure after launch
Track retainers requested, retainers paid, days from signature to payment, and payments reconciled in the trust ledger within a day. Reconcile every payment against the trust ledger before the end of the next business day.
Check before you switch it on
US text messages sent from a standard 10 digit number need A2P 10DLC registration. The HighLevel support portal says registration is required for texts to US recipients from 10 digit long code numbers and that toll free numbers do not require it. HighLevel's opt in guidelines also say a person cannot be forced to agree to text messages in order to submit a form, so keep the consent box optional. One compliance guide separates informational texts, which need documented consent, from marketing texts, which need prior express written consent. Ask your attorney which category your reminders fall into. Payment links are transactional, so keep them free of marketing content, and confirm the amount and the recipient before sending. This is general information, not legal advice.
Questions people ask
Can a lawyer take a credit card for a retainer?
Many states allow it if trust account, confidentiality, and fee rules are met. Tennessee's 2023 opinion says so, and Minnesota's rules explain how to route the funds.
Where must unearned funds go?
In a client trust account. Minnesota requires an immediate transfer to trust if the card payment lands in the business account.
Can Text2Pay send the link?
A third party guide says Text2Pay sends a Stripe checkout link from the message composer.
Ready to try it yourself? Start a GoHighLevel account here.
You can also see this in action in our GoHighLevel capabilities demo.