Can an attorney pay for a follow-up letter from a client's physician if the client stays responsible for the cost?
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This page answers the general question as of 1987. Ezel answers yours: whether it's allowed on your facts, under the current Virginia Rules of Professional Conduct, with citations.
Plain-English summary
The committee opined that it is not improper for an attorney to pay for a follow-up letter from a physician on behalf of a client, so long as the client remains ultimately responsible for the cost, citing DR 5-103(B) and LE Op. 820. The committee said whether the attorney is responsible for payment of the bill is beyond the purview of the committee. 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.
Currency note
The Virginia State Bar withdrew this opinion on November 18, 2021 (the body is headed "Committee Op Withdrawn November 18, 2021"). It was issued in 1987, under Virginia's former Code of Professional Responsibility (the disciplinary rule it cites), before the adoption of the Rules of Professional Conduct effective January 1, 2000. As the committee note records, current Rule 1.8(e)(2) allows a lawyer to pay litigation costs and expenses on behalf of an indigent client. Treat this page as historical context, not current guidance.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 pay for a physician's follow-up letter for a client?
A: Under this now-withdrawn 1987 opinion, yes, so long as the client remained ultimately responsible for the cost, citing DR 5-103(B).
Q: Did the committee decide who owed the physician's bill?
A: No. The committee said whether the attorney is responsible for payment of the bill was beyond its purview.
Q: Is this opinion still in force?
A: No. The Virginia State Bar withdrew it on November 18, 2021. The committee note points to current Rule 1.8(e)(2).
Background and rules framework
The opinion interpreted former Virginia DR 5-103(B), under which an attorney may advance litigation expenses if the client remains ultimately liable. The committee note maps the question onto current Virginia Rule 1.8(e)(2), the counterpart of ABA Model Rule 1.8(e).
Citations and references
Rules of Professional Conduct:
- Former Virginia DR 5-103(B) (advancing litigation expenses; client ultimately responsible)
- Virginia Rule 1.8(e)(2) / ABA Model Rule 1.8(e) (paying litigation costs for an indigent client)
Other opinions cited:
- LE Op. 820: advancing costs where the client remains ultimately responsible
See also
- VA LEO 997: Advancing Expert-Witness Costs for an Indigent Capital Client
- VA LEO 1060: Advancing the Cost of a Client's Medical Records
- VA LEO 1237: Advancing Litigation Costs and Collecting From a Solvent Client
Source
- Landing page: https://vsb.org/Site/about/rules-regulations/leo-opinions.aspx
- Original PDF: https://www.vsb.org/common/Uploaded%20files/LEOs/0941.pdf
Original opinion text
Reproduced from the official source for research purposes. The linked source is authoritative.
Committee Opinion
June 11, 1987
Committee Op Withdrawn
November 18, 2021
LEGAL ETHICS OPINION 941
COSTS – PHYSICIAN’S REPORT.
It is not improper for an attorney to pay for a follow-up letter from a physician on
behalf of a client as long as the client remains ultimately responsible for the cost.
Whether or not the attorney is responsible for payment of the bill is beyond the purview
of the committee. [ DR:5-103(B); LE Op. 820]
Committee Opinion
June 11, 1987
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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