Obtaining pre-settlement funding has become more commonplace, but you cannot get a cash advance directly from your attorney. Most state bar associations prohibit this. It is unethical for an attorney to provide a client with money to support an unresolved case. If your lawyer were to do so, they could face suspension, disbarment, and other severe penalties. After all, personally funding a case would provide your attorney with potential leverage over its outcome.
There are other reasons attorneys are prohibited from providing lawsuit funding. One is it can empower a lawyer to pressure clients to settle a case sooner, so to recoup their own costs. It can also lead to complex conflicts of interest if the client is unhappy with the outcome of a case. An attorney may also refuse to provide a client with the settlement funds they were fighting for.
Can I Ever Get an Advance on Costs?
In rare instances, your lawyer can advance costs related to your case. You may be able to get an advance on litigation expenses; fees for obtaining evidence, bringing in witnesses, or going to court; and costs for medical examinations. Otherwise, borrowing money from your lawyer is never permitted.
How Do I Discuss Pre-Settlement Funding with My Attorney?
A lawsuit loan, or non-recourse legal funding, requires your attorney’s approval and full cooperation. Your lawyer knows you may be struggling financially, but the legal process, including negotiations with insurance companies, can take months or years. Attorneys can advance some costs, so you don’t need huge amounts of money up front to file a lawsuit. When it comes to other means of financial support, you’ll need to be open with them.
However, your personal injury attorney is most likely to dissuade you from getting a lawsuit loan. Dealing with a finance firm can be a challenge. Plus, it waives the attorney-client privilege and you lose control of where key details about your case go.
If you are serious about pre-settlement funding, your lawyer can refer you to funders they have worked with before. So, they may provide you with a recommendation. The more your attorney knows about your financial situation and the impact of expenses such as legal fees, medical bills, and general living costs, the better the position they’re in to negotiate higher settlements and consider allowing you to get a pre-settlement cash advance.
While you won’t pay anything back if your case loses, a portion of settlement proceeds received will go towards repaying the loan. Both you and your attorney must sign an agreement that guarantees this arrangement. In the end, your lawyer must ensure the funding company gets their money before you get your portion.
Working with Your Attorney on Legal Funding
Your attorney may not always say what you want to hear, but they’re looking out for your best interests. It’s best to heed their advice. If seeking a lawsuit cash advance:
- Have your lawyer review any contracts or agreements before you sign them.
- Ask how much of the final settlement will go to loan payoff, medical bills, and legal fees.
- Listen to your attorney’s advice; decisions made now can mean more or less money later.
Apply with Lawsuit Cash 24/7 Today
At Lawsuit Cash 24/7, we determine a pre-settlement funding offer based on the facts your attorney provides. Our underwriters work with lawyers on a variety of cases. If approved, you pay nothing out of pocket and owe nothing if your case loses. Apply now online or call 866-319-8442 for assistance.