The attorney's role in the funding process

For a plaintiff considering funding, a conversation with counsel can help connect the proposed arrangement to the underlying claim. It is useful to distinguish the provider's review of a funding inquiry from your attorney's advice about the litigation.

Clarify the purpose of the inquiry

Explain the expense or timing concern prompting you to explore funding. Ask whether your attorney is familiar with the proposed process and what information the provider may request.

Be clear about whether the inquiry concerns a personal advance, law firm capital, or a commercial claim. Those discussions may involve different agreements and review requirements.

Review the agreement and its consequences

Ask how the proposed funding would relate to the distribution of any recovery. Discuss the costs over different timelines and the agreement's treatment of a smaller recovery or no recovery.

Identify provisions you do not understand rather than relying on a short sales description. Confirm what acknowledgments, documents, or other participation the provider expects from counsel.

Keep confidential material in the right channel

Coordinate with your attorney before sharing sensitive case material. Ask what is needed, who will receive it, and which method of transfer is appropriate.

An initial website inquiry can remain brief. It does not need to contain a medical history, confidential legal strategy, or a complete set of case documents.

Keep the decisions distinct

The availability of funding should not be treated as a prediction of a litigation result. Ask your attorney to help you understand the funding proposal in the context of your circumstances, while keeping questions about the merits and conduct of the case clearly defined.