Question: May Attorney advance the cost of the affidavit and opinion by a health care provider required by statute to be provided in any action against a health care provider in a medical malpractice case and the cost of evaluation of the case by a medical expert in preparation for litigation?
Answer: Rule 4-1.8(e) permits Attorney to advance these costs, repayment of which may be contingent on the outcome of the matter.

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.

To request an Informal Opinion, please visit: https://mo-legal-ethics.org/for lawyers/requesting-an-informal-advisory-opinion/.

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