Could a lawyer advance a client's housing and living expenses?

Plain-English summary

A lawyer asked whether client housing and living expenses could be advanced. The opinion answered no and cited Rule 1.8(e).

The official reference note says Rule 4-1.8 was amended effective November 23, 2021, and directs readers to Rule 4-1.8(e)(3) and Comments [11] through [13].

Currency note

The official source flags a November 23, 2021 amendment to Rule 4-1.8 and says to read this historical opinion with Rule 4-1.8(e)(3) and Comments [11], [12], and [13]. This 1993 opinion also predates Missouri's 2007 rule revisions. Verify current rules before relying on its conclusion.

Common questions

Q: What did the 1993 opinion say about housing and living expense advances?

A: It said the advances violated Rule 1.8(e).

Q: Does the source flag a later rule change?

A: Yes. Its reference note identifies an amendment effective November 23, 2021.

Background and rules framework

The opinion applied Rule 1.8(e) to living-expense advances. Its later reference note cites Rule 4-1.8(e)(3) and Comments [11], [12], and [13].

Citations and references

Rules of Professional Conduct:

• Missouri Rule 1.8(e)

See also

• Missouri Informal Op. 990111: Medical and travel expense advances
• Missouri Informal Op. 119: Client litigation expense advances

Source

• Landing page: https://mo-legal-ethics.org/informal-opinion/930091/

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: May a lawyer advance housing and living expenses to a client?

ANSWER: No, this conduct violates Rule 1.8(e).