As a broker whose primary interest is to help plaintiffs in need of a cash advance, I occasionally come across an attorney who does not want to cooperate with the process of getting a cash advance.
What is needed for the advance is documentation on the case to substantiate the merit, i.e. damages sustained by the plaintiff, liability of the defendant, and proof of the defendant’s ability to pay (insurance). Then when the cash advance is approved, the attorney’s signature is needed on the agreement as a commitment to pay back the funding source out of the case’s proceeds.
When these things become difficult to acquire, it usually means one of 4 things. The attorney:
- has some misinformation (or no information) on the cash advance industry, i.e. he does not think it is legal
- is too busy to do the above
- thinks getting a cash advance is too expensive
- does not want to help his client
First, getting a cash advance before one’s lawsuit settles is completely legal. Some attorneys may frown upon lawsuit loans, but a cash advance is not really a loan - it is non-recourse, which means it does not have to be paid back if the case does not settle to the client’s advantage.
Rapid Legal Finance provides cash advances to clients who have lawsuits in progress. We do not provide loans, which by definition are recourse (along with the loan comes a responsibility to repay). If the attorney needs more information on the cash advance process, we are ready to supply that to him/her.
Second, most attorneys are very busy. This is why we, Rapid Legal Finance, make sure that while the attorney is completely aware of the cash advance his client is seeking, we are in communication with the paralegal or assistant to get the documentation we need. Sometimes follow-up calls are needed to get these documents, but we are happy to do that for our clients.
Sometimes an attorney will not want his/her client to get a cash advance because it is “too expensive”. What is important here is that the attorney understands the financial situation their client is in. It is therefore up to the plaintiff to explain to the attorney what is going on and how their lawsuit (medical bills, missed work, etc.) is causing a strain on their finances.
It is extremely rare that an attorney does not want to help his/her client. If the attorney understands that getting a lawsuit cash advance is legal and necessary to solve the client’s financial strain, he/she typically wants to help and will do just that.
In all cases, when dealing with matters pertaining to your lawsuit, it is important to keep in mind that since the attorney was hired by the client, his purpose is to help and service that client.
And Rapid Legal Finance is here to assist when a lawsuit cash advance is needed. We are here to help.