Ezel / Ethics Opinions / MOLEC

May a Missouri lawyer advance the cost of a required medical affidavit and expert case evaluation?

Short answer Yes. Rule 4-1.8(e) permits the lawyer to advance both litigation costs, and repayment may be contingent on the outcome.
Bar
MOLEC
Issued
2018

Apply this to your situation

This page answers the general question as of 2018. Ask about yours and see what the current Missouri Rules of Professional Conduct say for your facts, with citations.

Currency note: this opinion is from 2018
Subsequent statutory amendments, court decisions, or later opinions or rule amendments may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.
How much weight this carries: Under Missouri Supreme Court Rule 5.30, formal opinions are binding; informal opinions are advisory. Source.
About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official ethics opinion. The original opinion (linked on this page) is the authoritative source for any reliance.

Plain-English summary

The opinion addresses two medical-malpractice litigation costs: a statutorily required health-care-provider affidavit and opinion, and a medical expert's evaluation while preparing the case.

Rule 4-1.8(e) permits the lawyer to advance both, with repayment contingent on the result.

In practice

Under this opinion, both identified expert-related expenses qualify for the litigation-cost advance rule.

Common questions

Q: May the affidavit cost be advanced? A: Yes.

Q: May the expert evaluation cost be advanced? A: Yes.

Q: May repayment depend on the outcome? A: Yes.

Background and rules framework

Missouri Rule 4-1.8(e) governs the cost advances addressed.

Citations and references

  • Missouri Rule 4-1.8(e)

See also

Source

Original opinion text

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

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.

What do the rules say today, for your facts?

This opinion is from 2018. Ezel checks the current Missouri Rules of Professional Conduct against your situation and cites the rules it relies on.

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