990111 | Office of Legal Ethics Counsel & Advisory Committee of the Supreme Court of Missouri

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Informal Opinion Number: 990111

Rules: 4–1.8

Client-Lawyer Relationship

Conflict of Interest: Prohibited Transactions

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

Summary: advancing travel expenses to client when trip related 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 represents a client in a personal injury action. Because of financial distress, the client does not have the funds to pay for transportation to and from the doctors that the client needs to see. Is it permissible for Attorney to advance the funds to pay for taxi service to and from the client´s doctors?

ANSWER: It may be possible for Attorney to advance the expenses of transportation to and from doctors whom the client needs to see for purposes directly related to the litigation. It would violate Rule 4 dash–1.8(e) for Attorney to advance these expenses for transportation to doctors the client needs to see solely for treatment.

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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