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Helping Clients with Living Expenses: “No Good Deed Goes Unpunished
(2002)
  • John P. Sahl, University of Akron School of Law
Abstract

First, this article briefly reviews the origins of and reasons for the ban on lawyers advancing living expenses to clients when litigation is pending or occurring. Second, it describes the current regulatory regimes governing the matter and the majority rule that prohibits lawyers from advancing living expenses to clients involved in litigation. Third, the article examines some of the key reasons for the majority rule and concludes that they do not justify the current ban. Fourth, it assesses how some states deal with lawyers who violate the majority rule against providing non-litigation expenses to clients, an assessment that suggests these states may have second thoughts about the rule and therefore impose minimal punishment for violations. Fifth, the article discusses the approach of a minority of states that permit lawyers to advance living expenses. The article concludes by recommending that the American Bar Association (ABA) and all states adopt a rule that permits attorneys to advance living expenses to clients when litigation is pending or occurring.

Publication Date
Winter 2002
Citation Information
John P. Sahl, Helping Clients with Living Expenses: No Good Deed Goes Unpunished, 13 Professional Lawyer 1, Winter 2002.