Can a lawyer pay for a client's medical records after the client has moved to new counsel, if the client stays ultimately responsible?
Apply this to your situation
This page answers the general question as of 1986. Ask about yours and see what the current Virginia Rules of Professional Conduct say for your facts, with citations.
Plain-English summary
The committee considered an attorney who had requested medical records for a client who later retained other counsel, and asked whether the attorney could pay for those records. The committee concluded it is not improper to pay the cost, provided the client remains ultimately responsible for it. It treated the separate question of whether the attorney is obligated to pay the records' cost as a legal question beyond the committee's purview, citing DR 5-103(B).
Currency note
The Virginia State Bar withdrew this opinion on November 18, 2021; it is indexed here for research and is not current guidance. This opinion was issued in 1986, under Virginia's former Code of Professional Responsibility, before the Virginia State Bar's adoption of the Rules of Professional Conduct effective January 1, 2000. The committee note records that current Rule 1.8(e)(2) allows a lawyer to pay litigation costs and expenses on behalf of an indigent client. Subsequent rule amendments or later opinions may have changed the analysis. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific rule, deadline, or requirement mentioned here.
Common questions
Q: Could a lawyer advance the cost of medical records for a client who switched lawyers?
A: Under this 1986 opinion (withdrawn in 2021), the committee found it not improper, provided the client remained ultimately responsible for the cost.
Q: Did the committee say whether the lawyer had to pay for the records?
A: No. The committee treated whether the attorney is obligated to pay as a legal question beyond its purview.
Background and rules framework
The opinion applies the former Code's DR 5-103(B), on a lawyer advancing the expenses of litigation where the client remains ultimately liable. The committee note maps the question onto current Virginia Rule 1.8(e)(2), the provision allowing payment of litigation costs for an indigent client, corresponding to ABA Model Rule 1.8(e).
Citations and references
Rules of Professional Conduct:
- DR 5-103(B) (advancing litigation expenses; client ultimately liable) (former Code)
- Virginia Rule 1.8(e)(2) / ABA Model Rule 1.8(e) (payment of litigation costs for an indigent client)
See also
- VA LEO 892: Paying Court Reporter Costs if the Client Is Ultimately Responsible
- VA LEO 941: Paying for a Physician's Follow-up Letter
- VA LEO 997: Advancing Litigation Costs to a Client
Source
- Landing page: https://vsb.org/Site/about/rules-regulations/leo-opinions.aspx
- Original PDF: https://www.vsb.org/common/Uploaded%20files/LEOs/0820.pdf
Original opinion text
Reproduced from the official source for research purposes. The linked source is authoritative.
LEGAL ETHICS OPINION 820
COSTS – MEDICAL RECORDS
It is not improper for an attorney to pay the cost of medical records requested by the attorney for a client who has since retained other counsel, provided the client remains ultimately responsible. Whether or not the attorney is obligated to pay the costs of the medical records is a legal question beyond the purview of the committee. [DR:5-103(B)]
Committee Opinion
September 19, 1986
Committee Op Withdrawn
November 18, 2021
Legal Ethics Committee Notes. – Rule 1.8(e)(2) allows a lawyer to pay litigation costs and expenses on behalf of an indigent client.
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