According to the American Bar Association, an attorney cannot lend money to a client as it may create a conflict of interest. However, the attorney can advance court-related fees, with repayment based on the outcome of the case.
Many state bar associations have reaffirmed this stance. However, some states have taken the opposite approach. See below for an overview of state bar opinions and rulings.
While your attorney fees are paid on contingency or on a no-win / no-pay basis, you may need money for living expenses while waiting for your case to settle.
Can my lawyer fund me in Alabama?
The Alabama Bar Association states that there are four situations in which an attorney can finance a client’s fees; both litigation and living expenses:
- A lawyer may advance litigation expenses and court fees then deduct them from your settlement amount.
- An attorney representing an impoverished client may pay for case costs.
- A lawyer may advance or guarantee emergency financial assistance to the client. This assistance can be used to cover living expenses.
Can I get money from my Alaska personal injury attorney?
According to the Alaska Bar Association, lawyers are strictly prohibited from granting loans to aid a client for living expenses in Alaska. However, a lawyer may aid in financing litigation:
- A lawyer may finance the litigation of a client who can’t pay for themselves.
- A lawyer may advance litigation fees.
Can my lawyer give me a lawsuit loan in California?
The State Bar of California prohibits a lawyer from lending to a client for personal or business expenses with some exceptions:
- Letters of protection or promises of payment to medical providers or other interested parties at the end of the claim.
- If the attorney employs the plaintiff, with the client’s written promise to repay the loan.
- Advancing litigation-related fees.
Can a lawyer give money to a client in Florida?
The Florida Bar finds it unacceptable for lawyers to fund a client’s living expenses. However, an attorney may aid in funding litigation for the following reasons:
- An advance on the costs of litigation; repayment based on the outcome of the case.
- A lawyer may finance litigation on behalf of a client.
Can an attorney give a client a lawsuit cash advance in Georgia?
According to the Georgia Bar, lawyers are prohibited from lending to clients unless the client meets one of the following criteria:
- A lawyer may advance court fees and expenses of litigation.
- A lawyer representing a client unable to pay expenses related to litigation may pay for the client.
Can I get money from my attorney in Indiana?
The Indiana Bar states that lawyers may not guarantee loans for clients as it relates to living expenses. However, a lawyer may help a client in terms of financing court expenses:
- Lawyers may advance the costs of litigation, which includes getting evidence and medical examination.
- Lawyers may cover the full costs of litigation on behalf of impoverished clients.
Can my lawyer cover my living expenses in New York?
As stated by the New York City Bar, there are three situations in which a lawyer may cover litigation costs, and one in which a lawyer may assist with living fees:
- A lawyer may advance court fees.
- Attorneys can cover court fees for a pro-Bono case.
- A lawyer may personally finance a portion of litigation fees.
- Not-for-profit agencies may provide financial assistance to clients; including living expenses.
Interested in pre-settlement funding? Check out our New York state page for more information.
Can attorneys give clients money in New Jersey?
New Jersey rules of professional conduct state that a lawyer cannot cover any personal expenses of a client. However, there are four situations in which a lawyer may fund a client’s court fees:
- Advancing litigation fees.
- Lawyers representing clients unable to pay may cover their litigation costs.
- Pro-bono agencies and programs may fund clients unable to fund themselves.
Can my attorney give me a lawsuit loan in Louisiana?
The Louisiana Ethics and Opinion board states that a lawyer may grant funding for both living and litigation expenses under one of the following conditions:
- Attorneys can cover court costs and litigation expenses.
- A lawyer may fund clients in need, following strict regulations.
- Loans given by lawyers may not accrue interest.
Can I ask my attorney for a loan on my injury lawsuit in Ohio?
As stated by the Ohio supreme court, attorneys may not fund a client’s living expenses in any way. However, under certain conditions an attorney may cover court fees:
- Attorneys may advance litigation costs for clients.
- Attorneys may cover court and litigation related fees for pro-bono cases.
Can my attorney give me lawsuit funding in Pennsylvania?
According to the Pennsylvania Disciplinary Board, under no circumstances can an attorney cover a client’s living expenses. There are two situations where an attorney may help with litigation fees:
- Attorneys may advance litigation fees for clients.
- Injury attorneys can cover any and all fees relating to the claim for pro-bono cases.
Can I get a loan from my Texas lawyer?
The Texas Center for Legal Ethics states that lawyers can provide financial assistance to clients for both living and court fees. There are two circumstances that allow for this:
- A lawyer may guarantee but not pay for claim-related fees and reasonably necessary medical bills and living expenses.
- A lawyer representing a client who is unable to pay may cover expenses of litigation on behalf of the client.
In need of a lawsuit loan in Texas? Check out our resource for Texas plaintiffs.
I can’t cover my living expenses during my lawsuit, can my attorney in Oregon help?
The Oregon Bar states that a lawyer can assist with litigation fees. However, attorneys cannot help their clients cover living expenses:
- If a client is unable to pay legal fees, the lawyer can cover them.
- A lawyer may pay for case expenses and collect repayment based on the outcome of the claim.
Can I borrow money from my lawyer in Washington?
The Washington Bar Association does not allow lawyers to cover living expenses. While a lawyer can make an advance on the claim there are regulations:
- A lawyer may guarantee the expenses of litigation, including medical expenses.
- For class action claims, repayment of expenses is based on the outcome of the matter.
Can my lawyer give me cash in Virginia?
In Virginia, a lawyer cannot pay for any living expenses as stated by the Virginia Bar Association. However, under certain circumstances a lawyer may aid in paying for court costs:
- A lawyer may advance court costs and take repayment from the settlement
- If a client cannot pay court costs themselves, an attorney may pay on behalf of the client
As you can see, some states are more lenient on loans from lawyers than others. Each state has its own Bar association that they use to outline its rules and regulations. Click here to learn more about lawsuit loans in your state.
What is a lawsuit cash advance?
Each state has different legislation when it comes to lawyers providing funding for clients. While aiding with litigation fees is generally acceptable, aid to cover living expenses is entirely different.
That’s where lawsuit loans come in. In most states, a lawyer or law firm can allow a client to get a cash advance or lawsuit loan. You get the money you need now while your case battles on. There are many benefits to receiving legal funding. It can give you immediate cash that you can use to pay for your personal living expenses.
Uplift Legal Funding
Uplift Legal Funding can help with funding whether or not your attorney can. Our settlement loans help plaintiffs get back on their feet while waiting for their case to settle. We offer low rates with no compounding that help keep more money in your pocket.
We provide personal injury loans nationally in many cases such as:
Get cash from a pre-settlement funding company you can trust – apply online or call us today at (800) 385-3660!