Could a personal-injury lawyer advance taxi fares for a client’s medical appointments?

Plain-English summary

A personal-injury client could not afford taxi trips to doctors. The lawyer asked whether the costs could be advanced.

The opinion said an advance might be possible for travel to doctors needed for purposes directly related to litigation. It said advances for doctor trips solely for treatment would violate Rule 4-1.8(e). An official reference note identifies a 2021 amendment and directs readers to Rule 4-1.8(e)(3) and comments.

Currency note

This opinion was issued in 1999, 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.

Common questions

Q: Was all medical travel advanceable?

A: No. The opinion barred an advance for travel solely for treatment under the rule then in effect.

Q: What travel might be advanced?

A: Trips to doctors for purposes directly related to litigation, according to the opinion’s qualified answer.

Background and rules framework

The answer applied former Rule 4-1.8(e); the official note points to its 2021 amendment.

Citations and references

Missouri Rules of Professional Conduct:

• Rule 4-1.8

See also

• Missouri Informal Op. 20000090: Mixed Contingent Fee

Source

• Landing page: https://mo-legal-ethics.org/informal-opinion/990111/

• 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 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 4–1.8(e) for Attorney to advance these expenses for transportation to doctors the client needs to see solely for treatment.