What element must be present for a lawyer to advance court costs to a client?

For a lawyer to advance court costs to a client, the crucial element is that there is a contingent repayment based on the case outcome. This means that the client will only need to repay the costs if they win the case or achieve a favorable settlement. This arrangement is common in contingent fee agreements where the lawyer is taking on the financial risk of litigation, and it aligns the interests of both the lawyer and the client towards a successful outcome.

This approach helps ensure that clients who may not have the immediate financial means to cover court costs are still able to pursue their legal claims. The reliance on the outcome of the case for repayment supports the principle of access to justice, allowing clients to engage legal representation without needing upfront capital to cover these costs.

Factors such as the client's financial stability or immediate financial need may influence the lawyer's decision to advance costs but are not legal requirements for advancing those costs. Similarly, while obtaining the client's consent to the terms of repayment is generally a good practice, it does not directly pertain to the necessity for contingent repayment based on the case outcome.