950224 | Office of Legal Ethics Counsel & Advisory Committee of the Supreme Court of Missouri

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Informal Opinion Number: 950224

Rules: 1.8(e)

Client-Lawyer Relationship

Conflict of Interest: Prohibited Transactions

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

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 dash–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.

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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