Can a lawyer guarantee a physician's charges for litigation-related work if the client stays responsible for the bill?

Plain-English summary

The committee considered whether an attorney could guarantee the charges a physician made for litigation-related activity. It concluded that doing so was not improper so long as the attorney's client remained ultimately liable for those expenses, citing DR 5-103(B).

Currency note

The Virginia State Bar withdrew this opinion on November 18, 2021 (the opinion's heading records "Committee Op Withdrawn November 18, 2021"); it is no longer current guidance and is retained here only as research. The opinion was also issued in 1984, 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 Treat this page as historical context, not current guidance.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 guarantee a doctor's charges for litigation work?

A: Under this 1984 opinion (withdrawn in 2021), yes; the committee found it not improper so long as the client remained ultimately liable for the physician's charges.

Q: What was the key condition?

A: The client had to remain ultimately liable for the expenses; the guarantee did not shift final responsibility for the cost from the client to the lawyer.

Background and rules framework

The opinion applied the former Code's DR 5-103(B), which governed a lawyer's advancing or guaranteeing litigation expenses while keeping the client ultimately responsible. The subject corresponds to ABA Model Rule 1.8(e) on financial assistance to a client in connection with litigation.

Citations and references

Rules of Professional Conduct:

• DR 5-103(B) (advancing or guaranteeing litigation expenses) (former Code)
• ABA Model Rule 1.8(e) (financial assistance to a client)

See also

• VA LEO 820: Paying for a Former Client's Medical Records
• VA LEO 587: Compensating a Witness for Time Spent on Testimony

Source

• Landing page: https://vsb.org/Site/about/rules-regulations/leo-opinions.aspx
• Original PDF: https://www.vsb.org/common/Uploaded%20files/LEOs/0582.pdf

Original opinion text

Reproduced from the official source for research purposes. The linked source is authoritative.

LEGAL ETHICS OPINION 582

GUARANTEEING LITIGATION EXPENSES – CHARGES BY PHYSICIAN.

It is not improper for an attorney to guarantee charges made by a physician for litigation-related activity by the physician so long as the attorney's client remains ultimately liable for said expenses. [DR:5-103(B)]

Committee Opinion
May 28, 1984

Legal Ethics Committee Notes. – Rule 1.8(e)(2) allows a lawyer to pay litigation costs and expenses on behalf of an indigent client.