960169 | Office of Legal Ethics Counsel & Advisory Committee of the Supreme Court of Missouri

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Informal Opinion Number: 960169

Rules: 1.8(e);1.14

Client-Lawyer Relationship

Conflict of Interest: Prohibited Transactions

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

QUESTION: Attorney represents a client who has suffered from brain injury. The client has been under the influence of various people. The client has asked Attorney for advances against an anticipated settlement or award. Subsequent to these influences, the client has indicated that Attorney is discharged. Attorney questions the client´s competence for various reasons described. May Attorney advance the funds? Must Attorney withdraw or may Attorney initiate a civil commitment proceeding?

ANSWER: Rule 4-1.8(e) prohibits a lawyer from providing financial assistance to a client, other than advancing court costs and litigation expenses. Based on the information Attorney has provided, it appears that Rule 4 – 1.14, Client Under a Disability, would give the Attorney discretion to seek the appointment of a guardian or, if possible, a guardian ad litem. If Attorney believes that the client is capable of making a decision in the client´s own interests with regard to the question of discharging Attorney, Attorney may accept the decision to discharge without further action.

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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