Could a plaintiff's lawyer advance wages clients lost while attending depositions or trial?

Plain-English summary

A personal-injury firm wanted to advance clients' wages lost because they attended depositions or trial.

The opinion said such advances violated former Rule 4-1.8(e). The official page notes that Rule 4-1.8 was amended effective November 23, 2021 and that the old answer should be read with Rule 4-1.8(e)(3) and its comments.

Currency note

This opinion was issued in 2000, before Missouri’s 2007 revisions to the Rules of Professional Conduct. Later amendments or opinions may have changed the analysis. Treat this page as historical context and verify current rules before relying on it. The official Rule 4-1.9 and 4-1.10 reference notes identify July 1, 2007 amendments. The source for this opinion also identifies a November 23, 2021 amendment to Rule 4-1.8.

Common questions

Q: Did the opinion permit wage advances?

A: No. It found a violation under the former Rule 4-1.8(e).

Q: Does the official source identify a later amendment?

A: Yes, an amendment effective November 23, 2021.

Background and rules framework

The opinion applied former Rule 4-1.8(e), and its official reference note identifies the later 2021 revision.

Citations and references

Missouri Rules of Professional Conduct:

• Rule 4-1.8

See also

• Missouri Informal Op. 20020031: Advanced Costs

Source

• Landing page: https://mo-legal-ethics.org/informal-opinion/20000226/

• Rule revision reference: Missouri Informal Opinion 20030007

Original opinion text

Reproduced from the official source for research purposes. The linked source is authoritative.

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’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 4–1.8(e) if Attorney advanced Attorney’s clients for their lost wages incurred in relation to the litigation.