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Ethics Opinions

Missouri
Missouri State Bar

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From the Office of Chief Disciplinary Counsel Informal Opinion Number 940122

QUESTION: Attorney would like to co-sign a consumer loan for a client in a personal injury case.

ANSWER: This would violate Rule 4-1.8(e).

The Missouri Bar, P.O. Box 119, Jefferson City, MO 65102-0119

From the Office of Chief Disciplinary Counsel Informal Opinion Number 950224

QUESTION: Attorney represents injured employees in workers compensation cases. May Attorney pay the cost of medical treatment and transportation for medical treatment for the employee while the case is pending if the employee cannot afford it otherwise?

ANSWER: Under Rule 4-1.8(e) an attorney may not provide financial assistance to a client except to advance costs and expenses or, if the client is indigent, to pay costs and expenses. Therefore, Attorney may not pay or advance the costs of the client´s medication, treatment or travel expenses related to treatment. However, if the visit to the health care provider is genuinely for the purpose of evaluation for the litigation, even if it is also for treatment, Attorney may advance the expenses of the visit and the transportation. However, to the extent that the evaluation portion of the visit can be segregated from the treatment portion, Attorney may only advance the expenses related to the evaluation.

The Missouri Bar, P.O. Box 119, Jefferson City, MO 65102-0119

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Disclaimer: Please note that Injury Advances are not loans. Injury Advances fall into the category of funding known as "non-recourse funding." Repayment of Injury Advances is contingent on winning or settling the lawsuit. If you lose your case, you owe Injury Advance Corp. nothing.

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