Can I Get Pre-Settlement Funding Without My Attorney's Consent?

No — attorney cooperation is a functional requirement. Funding companies need your attorney's participation to review the case and acknowledge the funding arrangement. Without it, funding cannot proceed.

Pre-settlement funding requires your attorney's active cooperation. The funder needs to contact your attorney's office to obtain case documentation, verify case status, and have the attorney sign an acknowledgment that they are aware of the funding arrangement and will handle repayment from settlement proceeds. Without attorney cooperation, none of these steps can happen.

Some plaintiffs believe they can apply for funding without telling their attorney, or that the funder will simply bypass the attorney's office. This is not possible. Any legitimate pre-settlement funder contacts the attorney as part of standard underwriting — they need the attorney's case assessment and the attorney's acknowledgment of the funding agreement to proceed.

There are also disclosure obligations in some jurisdictions. Courts in certain states or in federal cases may require disclosure of third-party funding in discovery responses or pre-trial disclosure statements. Your attorney needs to know about any funding to comply with these obligations.

If your concern is that your attorney will refuse to cooperate, the solution is a direct conversation with your attorney about your financial needs and the role that pre-settlement funding can play. If you have legitimate financial hardship during litigation, your attorney has an interest in ensuring you can sustain yourself through the case — most will cooperate if the funding terms are reasonable.

Source: ABA Formal Opinion 484 (2019) — Attorney disclosure and cooperation obligations in client litigation funding.

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