20000226 | Office of Legal Ethics Counsel & Advisory Committee of the Supreme Court of Missouri

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Informal Opinion Number: 20000226

Rules: 4–1.8

Client-Lawyer Relationship

Conflict of Interest: Prohibited Transactions

Subject: Conflict of Interest - Prohibited Transactions (see also Business Transaction with Client)

Summary: paying client for lost wages for time off due to litigation

Reference Note: Rule 4 dash–1.8, Conflict of Interest: Prohibited Transactions, was amended effective November 23, 2021. This informal opinion predates that amendment and should be read with Rule 4 dash–1.8(e)(3) and Comments [11], [12], and [13].

QUESTION: Attorney’s firm does primarily plaintiff’s personal injury work. Attorney’s firm is frequently faced with the situation where their client, because of injury, has lost his or her job and taken another job. Many of Attorney’s clients are not paid if they must take a day off of work to give a deposition or take a week off to sit in trial. As part of their case expense, may Attorney’s firm advance money to their clients for lost wages that are incurred as a result of a deposition or trial?

ANSWER: Attorney would violate Rule 4 dash–1.8(e) if Attorney advanced Attorney’s clients for their lost wages incurred in relation to the litigation.

Informal Opinions are ethics advisory opinions issued by the Office of Legal Ethics Counsel to members of the Bar about Rule 4 (Rules of Professional Conduct), Rule 5 (Complaints and Proceedings Thereon), and Rule 6 (Fees to Practice Law) pursuant to Missouri Supreme Court Rule 5.30(c). Written summaries of select Informal Opinions are published for informational purposes as determined by the Advisory Committee of the Supreme Court of Missouri pursuant to Rule 5.30(c). Informal opinion summaries are advisory in nature and are not binding. These opinions are published as an educational service and do not constitute legal advice.

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