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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

Legal Bay Presettlement Funding Offers Comprehensive Guideline for Funding Contracts to Avoid

By Harry Moran |

As the lawsuit funding industry continues to grow, Legal-Bay Lawsuit Settlement Funding is issuing a public advisory to plaintiffs navigating the complex and often underregulated pre-settlement loan landscape. The company urges consumers to remain vigilant against deceptive contract practices and highlights its own commitment to transparency, fairness, and ethical funding solutions.

While pre-settlement funding can offer critical financial relief during lengthy legal battles, Legal-Bay warns that not all funding companies operate ethically. In particular, the firm is cautioning plaintiffs to avoid contracts that include compounding pricing models, hidden fees, and vague language, common tactics used by unscrupulous funders.  Legal-Bay also offers refinancing's in event you have a large legal funding lien with a bad compounding rate and want cheaper pricing.

Chris Janish, CEO of Legal Bay, says, "Too often we see plaintiffs fall victim to exploitative funding agreements that leave them owing far more than they borrowed, especially after years of compounding costs buried in the fine print. Many of these contracts are intentionally confusing, designed to mislead consumers. At Legal-Bay, we offer refinancing options on large funding buyouts, by converting your existing compounding lien into a flat pricing lien – no different than a home mortgage refi."

If you are involved in any active litigation and would like to discuss how to get a cash advance from your anticipated lawsuit settlement, please visit the company's website HERE or call 877.571.0405 where agents are standing by to hear about your specific case.  

Legal-Bay outlines several red flags that plaintiffs should watch out for when considering a pre-settlement advance:

  • Compounding interest without clear repayment terms: Some funders fail to disclose how much a plaintiff will owe over time, resulting in balances that balloon dramatically after two or three years.
  • Vague or misleading contract language: Important terms are often hidden in fine print or presented in confusing legal jargon.
  • Discouraging attorney involvement: Ethical funders will encourage plaintiffs to review all funding agreements with their attorneys instead of trying to edge them out of the discussion.
  • Lack of disclosure about maximum repayment: Some contracts leave plaintiffs uncertain about how much will ultimately be deducted from their settlement.

In contrast, Legal-Bay's approach is rooted in transparency, fairness, and full attorney cooperation. All of their contracts are structured to include straightforward terms, capped repayment amounts, and no compounding interest. Plaintiffs and their attorneys are given full access to review and understand the terms before any funding is finalized.

Legal-Bay's dedication to ethical funding has made it a trusted name in loan on lawsuit funding for plaintiffs in personal injury, sexual abuse, motor vehicle accidents, medical malpractice, dog bite, commercial litigation, and many more.

Legal-Bay's lawsuit funding programs are designed to provide immediate cash in advance of a plaintiff's anticipated monetary award. While it's common to refer to these legal funding requests as loans on lawsuit or settlement loans, legal funding isn't like a loan at all. Because the funds are non-recourse, there's no risk since there is no obligation to repay the money if the recipient loses their case.

To apply right now for a loan settlement program, please visit the company's website HERE or call toll-free at: 877.571.0405 where agents are standing by to answer any questions.

Announcements Consumer

Legal-Bay Launches Innovative Attorney Case Cost Funding

By Harry Moran |

Legal-Bay Pre-settlement Lawsuit Funding, a longtime leader in presettlement and legal funding, has unveiled a new financing program designed to help attorneys cover the high costs of building and preparing cases for trial without relying on bank loans or credit lines.

Case costs can include everything from medical records to expert witnesses to life care plans to court fees. Legal-Bay's funding lessens the upfront financial strain by providing capital that's only repaid if the lawsuit is successful, and gives legal professionals fast, flexible access to extra money when they need it most. The program allows attorneys to secure resources for experts, depositions, court filings, and other necessary expenses without tying up firm assets or tapping into their own expense accounts.

Chris Janish, CEO of Legal Bay, says, "Legal-Bay's attorney or law firm case cost funding program is tailored to help small and medium firms get the ball across the goal line to win big cases. We are a resource for lawyers nationwide to utilize case cost funding when cash flow is tight, without long underwriting processes, credit checks or monthly payments.  Best of all, our non-recourse funding means you only pay if you win the case."

If you're a lawyer or law firm in need of extra case cost funding in advance of your case's anticipated settlement award, you can apply HERE or call: 877.571.0405

With nearly 20 years of experience in legal finance, Legal-Bay has earned the trust of thousands of attorneys and law firms across the country. The company's commitment to fast approvals, transparent terms, and case-first evaluations has made it a go-to resource for professionals seeking a smarter way to manage litigation costs.

Legal-Bay is one of the best legal funding companies in the industry, known for their helpful staff and quick turnaround. They fund almost every type of lawsuit including personal injury, slips and falls, sexual discrimination, assault, or abuse, motor vehicle accidents, wrongful incarceration, and more. While sometimes legal funding is referred to as loans on lawsuit or lawsuit loans, there are no credit checks or collateral required. The money is an immediate cash advance against a plaintiff's anticipated settlement award, not a conventional loan. The non-recourse lawsuit funding is risk-free, as the money doesn't need to be repaid should the recipient lose their case.

To apply right now, please visit the company's website HERE or call toll-free at: 877.571.0405 where agents are standing by to answer your questions.

Announcements Consumer

Legal-Bay Launches INSTALL Funding: Monthly Financial Relief for Plaintiffs Awaiting Settlement

By Harry Moran |

Legal-Bay, a leading pre-settlement funding company, has introduced a game-changing financial solution for plaintiffs embroiled in active litigation. Their newly launched INSTALL funding contract offers clients the ability to receive structured monthly payments instead of a traditional one-time advance, easing the burden of everyday living expenses during the often lengthy legal process.

This innovative funding option addresses a growing need among plaintiffs who face significant financial strain while their cases are pending. With INSTALL funding, individuals can rely on predictable monthly disbursements designed to cover essential costs such as legal fees, medical bills, and everyday housing expenses, allowing them to focus on their case without the added pressure of missed bills or mounting debt.

Chris Janish, CEO of Legal-Bay, says, "Legal battles can be incredibly stressful, especially when they drag on for months or even years. We created INSTALL funding to provide ongoing financial stability for our customers when they need it the most, when they are stuck at home and can't work, but still need to have their bills paid on the first of the month."

INSTALL funding is one of Legal-Bay's most popular products, because lawyers know their clients cannot fight a case without cash flow coming in each month.

So, if you are a lawyer and have a client—or If you're a plaintiff yourself—in an existing lawsuit who needs an immediate INSTALL funding contract against an anticipated cash settlement award, you can apply HERE or call: 877.571.0405

Unlike standard bank loans which often involve large lump sums and steep repayment terms, INSTALL funding is tailored to meet real-life needs. Clients only draw what they require each month, which can significantly lower the total repayment after a case is settled. This targeted approach helps prevent excessive borrowing and encourages responsible financial planning throughout the litigation process.

By providing installation-based funding with client-friendly terms, Legal-Bay offers clear, flexible solutions to their customers' financial needs. The program is ideal for individuals involved in personal injury, slip and fall, medical malpractice, motor vehicle accident, Workers Comp. or 3rd party workers comp. claims or work injury claims, and many other types of cases.

Legal-Bay is one of the best legal funding companies in the industry, known for their helpful staff and quick turnaround. While sometimes pre-settlement funds are referred to as loans on lawsuit or lawsuit loans, there are no credit checks or collateral required for legal funding. The money is an immediate cash advance against a plaintiff's anticipated settlement award, not a conventional loan. The non-recourse lawsuit funding is risk-free, as the money doesn't need to be repaid should the recipient lose their case.

To apply right now, please visit the company's website HERE or call toll-free at: 877.571.0405 where agents are standing by to answer your questions.