OBA Ethics Counsel
Ethics Opinion No. 57
Adopted October 27, 1933
The Board is in receipt of the following inquiry:
"Please advise me if it is all right for a lawyer to advance costs when filing a case for his client in the instance where his client does not have the necessary amount of money to deposit for costs."
Rule 44 of the rules of professional conduct provides:
"A lawyer may not properly agree with a client that the lawyer shall pay or bear the expenses of litigation; he may in good faith advance expenses as a matter of convenience, but subject to reimbursement."
This rule seems to be self-explanatory. A member of the bar may, in good faith, advance expenses as a matter of convenience, but subject to reimbursement.