Can a lawyer guarantee a personal injury client's out-of-pocket medical bills to relieve pressure from providers?
Apply this to your situation
This page answers the general question as of 1987. Ezel answers yours: whether it's allowed on your facts, under the current rules of professional conduct in your state, with citations.
Plain-English summary
The inquiry asked whether a lawyer may guarantee a client's out-of-pocket medical costs to relieve the client from the pressures and demands for payment from medical providers.
The committee concluded that RPC 1.8(e) prohibits a lawyer from advancing or guaranteeing financial assistance to a client, except that a lawyer may guarantee the expenses of litigation. It determined that the proposed guarantee of medical costs would not fall within that litigation-expense exception and was therefore prohibited by the rule.
Currency note
This opinion was issued in 1987, before the Washington State Bar Association's adoption of the 2006 revisions to the Rules of Professional Conduct. 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 Treat this page as historical context, not current guidance.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: Can a lawyer guarantee a client's medical bills during a personal injury case?
A: The committee concluded that doing so is prohibited by RPC 1.8(e), because medical costs are not the litigation expenses the rule allows a lawyer to advance or guarantee.
Q: What financial assistance does the rule allow?
A: The committee read RPC 1.8(e) to permit a lawyer to advance or guarantee the expenses of litigation, but not other financial assistance to the client.
Background and rules framework
The opinion applied Washington RPC 1.8(e) (financial assistance to a client in connection with litigation, corresponding to ABA Model Rule 1.8(e)), reading it to bar guaranteeing a client's medical costs because that assistance fell outside the rule's litigation-expense exception.
Citations and references
Rules of Professional Conduct:
- ABA Model Rule 1.8 (current clients: specific rules; financial assistance); Washington RPC 1.8(e)
See also
- WSBA Ethics Op. 1911: Advancing Costs, Contingent Repayment
- CBA Formal Op. 34: Advancing a Client's Living Costs
- FL Bar Ethics Op. 65-39: Advancing Living Expenses
- CA Op. 1981-55: Lawyer Guaranteeing a Client Cost Bond
Source
- Landing page: https://ao.wsba.org/print.aspx?ID=1131
Original opinion text
Reproduced from the official source for research purposes. The linked source is authoritative.
Advisory Opinion: 1087
Year Issued: 1987
RPC(s): RPC 1.8(e)
Subject: Guaranteeing client's medical costs
The Committee considered your inquiry whether it is permissible to guarantee a client's out-of-pocket medical costs to relieve the client from the pressures and demands for payment from medical providers. The Committee was of the opinion that RPC 1.8(e) prohibits a lawyer from advancing or guaranteeing financial assistance to a client except that a lawyer may guarantee the expenses of litigation. The Committee believed that the proposed assistance suggested by you would not fall within that exception, and therefore is prohibited by the rule.
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