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Consumer Special Features

California Bar Issues Formal Opinion on Third-Party Litigation Funding

This article was contributed by Eric Schuller, President of the Alliance for Responsible Consumer Legal Funding (ARC).

On October 1, 2020 the California Bar Association published Formal Opinion NO. 2020-204 on Third-Party Litigation Funding.

The bar’s opinion states that attorney and consumer must be fully informed as to the terms and conditions of the contract. Additionally, the lawyer must ensure competence in advising on any litigation funding agreement, and is obligated to obtain a client’s permission before discussing any confidential information with the funding company.

During the comment period of this opinion, the Alliance For Responsible Consumer Legal Funding (ARC) weighed in on the issue by submitting a letter to the review committee. In the letter ARC stated: “The Proposed Formal Opinion properly establishes that a lawyer is under an ethical obligation to decline to represent a client in legal funding negotiations if the lawyer does not have sufficient knowledge and expertise to help the client avoid being exploited in the legal funding relationship.”

In addition, it was stated that this opinion will give consumers additional confidence in the industry: ”By requiring adequate representation in the legal funding negotiation, bad actors will be less likely to survive. As those bad actors are driven out, consumer confidence in legal funding services will rise and the resulting increase in demand for legal funding services will draw even more reputable funders into the market. This, in turn, will create stronger incentives for funders to cater to the price and quality preferences of individual plaintiffs.”

The California Bar Association and the American Bar Association have each released a recent opinion on Litigation Funding. In both opinions, the bars acknowledge a need for the product, and propose best practices for how consumers and attorneys should work with companies that offer financial assistance to consumers in their time of need.

ARC and its member companies continue to ensure that both consumers and their attorneys are fully-informed on the terms and conditions of the contract, and that the only parties that have a say in the prosecution of the case are consumers and their attorneys. These are enforced in the most recent set of Best Practices that ARC and its companies have released.

ARC is very pleased the California Bar Association, the largest State Bar Association in the United States with over 242,000 members, has taken this position on the issue and put forward these important guidelines.

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Announcements Consumer

Golden Pear Upsizes Corporate Note to $78.7M Amid Growth Plans

By John Freund |

Golden Pear Funding has extended and upsized its investment-grade corporate note to $78.7 million, further bolstering the firm's capacity to serve the expanding litigation finance sector. The New York-based funder, a national leader in both pre-settlement and medical receivables financing, said the proceeds will support working capital and fuel strategic growth initiatives.

A press release from Golden Pear outlines how the capital raise reflects continued investor confidence in the firm’s business model. CEO Gary Amos noted that the infusion is critical as Golden Pear seeks to scale alongside the “rapidly expanding litigation finance market.” CFO Daniel Amsellem added that the new funding aligns with the company’s capital allocation strategy, aimed at optimizing operational efficiency and executing strategic projects.

Brean Capital, LLC acted as the exclusive financial advisor and sole placement agent on the transaction.

Founded in 2008, Golden Pear has funded more than $1.1 billion to over 87,000 clients and remains one of the largest specialty finance companies in the U.S. Its business model spans legal case funding and medical receivables purchasing, with backing from a network of private equity partners that provide institutional support for continued expansion.

Comercial Consumer

Mayfair Legal Launches Wildfire Support Program for Plaintiffs

By John Freund |

Mayfair Legal Funding has unveiled a new initiative aimed at aiding wildfire victims in Los Angeles and Maui by providing pre-settlement advances tailored to individuals pursuing legal claims related to recent wildfire disasters. The program seeks to ease the financial burden on plaintiffs during the lengthy litigation process, allowing them to cover essential living expenses and medical costs without being forced into early or inadequate settlements.

An article in OpenPR reports that Mayfair’s program will provide wildfire-impacted claimants with cash advances while their cases proceed through court or settlement negotiations. The funding is non-recourse, meaning recipients are only obligated to repay the advance if their case is successful. This offering is particularly timely in light of the mounting legal battles related to utility-sparked wildfires in California and the catastrophic 2023 fires in Maui, both of which have left thousands seeking legal recourse and financial recovery.

Mayfair emphasized that this initiative aligns with its mission to ensure access to justice regardless of a claimant’s financial status. “We believe that no one should have to choose between basic survival and pursuing a rightful claim,” said a spokesperson for the funder, noting that the company’s underwriting process is designed for speed and minimal paperwork.

With natural disasters on the rise and litigation timelines stretching longer than ever, targeted pre-settlement funding like this may become an increasingly vital tool for plaintiffs. The wildfire-specific program from Mayfair underscores a growing trend of funders developing specialized products for mass torts and disaster-related litigation—an area likely to see heightened investor and regulatory attention in the years ahead.

Announcements Consumer

New Express Legal Funding Portal and App Give Injury Plaintiffs Faster Access to Lawsuit Cash Advances

By Harry Moran |

The below is a sponsored post from Express Legal Funding.

Express Legal Funding, a leader in the pre-settlement funding industry, has officially launched the Express Legal Funding Portal and mobile app suite—now available on iOS, Android, and web. The innovative platform gives plaintiffs real-time access to their funding application status, document uploads, and direct case communication—all from a secure, user-friendly interface.

Since launch, the platform has already seen over 200 app installs across iOS and Android, reflecting strong early adoption and client demand for greater transparency, speed, and convenience in the legal funding process.

"This is the kind of digital leap our industry needed," said Aaron Winston, Phd, Strategy Director at Express Legal Funding. "With the Express Legal Funding Portal, clients no longer have to wait days for updates or navigate confusing paperwork. Now they can check their status, send documents, and message us—all in one place, and on their own time, anytime 24,7. Ray Bivona, our Operations Manager, did a great job building out the platform."

Meeting the Demand for Speed, Simplicity, and Security

The Express Legal Funding Portal and apps are designed to meet the evolving expectations of legal consumers, as reports indicate the industry has surpassed $1 billion in annual advances nationwide. Key features include:

  • Live Case Status Tracking: Monitor the full legal funding timeline in real time
  • Secure Document Uploads: Send attorney correspondence and case files instantly
  • In-App Messaging: Communicate directly with case managers—no long hold times or email delays
  • Push Notifications: Get instant alerts for updates, requests, and approvals
  • Funding Calculator: Estimate pre-settlement cash eligibility based on case type
  • Bank-Level Encryption: Ensures client privacy and legal compliance at every step

"Clients tell us this is the best communication experience they've had with a legal funding company," said Shawn Hashmi, Chief Executive Officer at Express Legal Funding. "The high number of downloads in such a short time proves there's a real demand for this kind of tool."

Transforming the Legal Funding Experience for Plaintiffs and Attorneys

The Express Legal Funding Portal improves operational efficiency and transparency on both sides of the process:

  • For Plaintiffs: Offers peace of mind and greater control during a financially vulnerable time
  • For Attorneys: Reduces administrative back-and-forth, freeing up time to focus on litigation

About Express Legal Funding

Express Legal Funding is a trusted national provider of non-recourse pre-settlement funding, helping plaintiffs access fast, risk-free financial relief while their lawsuits move through the legal system. Repayment is only required if the client wins or settles their case.

The company has served thousands of injured plaintiffs in cases involving car accidents, slip and falls, product liability, and more.

What's Coming Next

In addition to the current features, the platform aims to expand in the coming months with:

  • Attorney Dashboard: Real-time access for law firms to manage client funding
  • In-App Renewals: Easy follow-up funding requests for returning clients
  • Case Management Integrations: Compatibility with popular personal injury law firm software platforms like Clio, Filevine, and SmartAdvocate