District of Columbia Ethics Opinions

Rules of Professional Conduct, Rule 1.8(a), (d) and Comments 1, 3, and 5

1. A lawyer may obtain a loan from a lending company to fund litigation expenses, provided that the terms of the loan are fair, the client has an opportunity to consult with another attorney on the issue, and that the client consents in writing to the loan.

2. Whether or not the interest on the loan may ethically be passed on to the client was not addressed in these Rules. To date we have researched several other District of Columbia Rules and have not yet found one that addresses this issue

District of Columbia Rules of Professional Conduct, Rule 1.8(a), (d) and Comments 1, 3, and 5 may be found on the web at: http://www.dcbar.org/..

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