Multistate Professional Responsibility Exam Practice Question
A client asks a lawyer to cover household bills in exchange for a piece of the recovery in a malpractice lawsuit. Which approach aligns with the lawyer’s ethical obligations?
The lawyer may advance necessary court-related expenses but should refrain from directly investing in the claim
The lawyer may acquire property from the client to ensure payment of any legal fees or benefits
The lawyer may provide living costs in return for a share of the future settlement
The lawyer may accept ownership in the claim if the client’s written consent is obtained
Attorneys may assist with legitimate case expenses under certain conditions, such as advancing court costs, without taking a partial stake in the outcome. Providing or guaranteeing living expenses in return for a share of the recovery crosses the boundary set by the rules, because it imposes a direct financial interest in the client’s claim. Proposals involving direct ownership, paying personal costs for a client, or securing personal collateral from the client threaten a lawyer’s impartial judgment and are disfavored.
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