Can I Get Pre-Settlement Funding Without Attorney Consent?

Some pre-settlement funding companies allow you to apply for funding without your attorney’s consent. However, it may not always be in your best interest to do so. A lawyer can help you find a reputable company to work with and provide you with legal advice about the application.

Terry Turner, Financial writer for
  • Written By
    Terry Turner

    Terry Turner

    Senior Financial Writer and Financial Wellness Facilitator

    Terry Turner is a senior financial writer for He holds a financial wellness facilitator certificate from the Foundation for Financial Wellness and the National Wellness Institute, and he is an active member of the Association for Financial Counseling & Planning Education (AFCPE®).

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    Savannah Hanson
    Savannah Hanson, financial editor for

    Savannah Hanson

    Senior Financial Editor

    Savannah Hanson is an accomplished writer, editor and content marketer. She joined as a financial editor in 2021 and uses her passion for educating readers on complex topics to guide visitors toward the path of financial literacy.

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  • Updated: May 10, 2023
  • 5 min read time
  • This page features 10 Cited Research Articles
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APA Turner, T. (2023, May 10). Can I Get Pre-Settlement Funding Without Attorney Consent? Retrieved June 7, 2023, from

MLA Turner, Terry. "Can I Get Pre-Settlement Funding Without Attorney Consent?", 10 May 2023,

Chicago Turner, Terry. "Can I Get Pre-Settlement Funding Without Attorney Consent?" Last modified May 10, 2023.

Key Takeaways

  • You may be able to get pre-settlement funding without your attorney’s consent.
  • Attorneys usually assist in the pre-settlement funding application process by preparing documents, suggesting reputable companies to work with and providing legal counsel.
  • In most states, licensed pre-settlement funding companies are required to speak to your lawyer before they can approve your application.
  • If you can’t get pre-settlement funding, there may be alternative sources of funding available to help you cover your expenses.

Does Your Attorney Need To Know if You’re Getting Pre-Settlement Funding?

You’re not required to tell your attorney that you’re seeking pre-settlement funding, nor must you get their consent. Many people apply for pre-settlement financing without getting their lawyer involved. It may be necessary to leave your lawyer out of the process if there are better ways for you to get the money you need, such as taking out a personal loan. 

You might also consider leaving your lawyer out of the application process if the attorney believes your case isn’t strong enough to get approved for pre-settlement funding. Your lawyer might be right, but you have nothing to lose by applying if you choose to. 

While your attorney doesn’t have to know that you’re applying for funding, most licensed pre-settlement funding companies must speak with your attorney before approving the application, regardless. 

The Role of Attorneys in Pre-Settlement Funding

Attorneys usually help with the pre-settlement funding application process in multiple ways. They can help find reputable lenders, gather any documents to submit and review any funding contracts you’re considering accepting. They sometimes provide lending companies with legal insight into your case, improving your chances of getting funding. 

Working with an attorney during the pre-settlement funding application process eliminates legwork you’d otherwise have to do yourself. It also gives you access to expert legal advice and helps ensure that you stay away from fraudulent lenders.

Why You May (or May Not) Want To Tell Your Attorney About Your Pre-Settlement Funding

You may apply for pre-settlement funding from some lenders without telling your attorney. However, most lenders won’t approve your application without speaking to your attorney. 

Lenders consult with an applicant’s attorney to determine the likelihood of winning a settlement in court and how large a settlement could be. If you don’t want to get your attorney involved, lenders won’t be able to gauge the strength of your case effectively. They might ask for additional documentation and other proof of your claims instead. They might also ask you to put up some collateral for your loan, such as a lien on your house or car. 

Drawbacks to applying for pre-settlement funding without an attorney include:
  • Higher interest rates and fees
  • A lower chance of being offered a non-recourse loan, meaning you may have to pay back your loan even if you lose your case
  • A lack of legal guidance
  • A higher chance of being scammed

Legal Considerations

There are a few legal considerations to be aware of if you decide to pursue pre-settlement funding without an attorney.

Most states require you to be represented by a lawyer when applying with a licensed pre-settlement funding company. If you don’t want to get a lawyer involved, you’ll be stuck applying to unlicensed companies that may try to take advantage of you. 

Not telling your attorney about your pre-settlement funding agreement could also affect the outcome of your case. Your lawyer can’t represent you to the best of their ability without knowing all the facts of your case. 

Ethical Considerations

Helping a client get pre-settlement funding may be against a lawyer’s professional ethics in some situations. 

If you receive pre-settlement funding, your lender becomes invested in the outcome of your case. This may cause them to influence your court proceedings. Because your lawyer must act in your best interest alone, this can cause a conflict of interest that would make them unable to represent you. 

Your lender also may ask your lawyer for access to confidential legal documents to assess how likely you are to win your case. Because of attorney-client privilege, your lawyer can’t give your lender any confidential information without your explicit consent. Breaking confidentiality like this may compromise your case and weaken your chances of winning your suit. 

The American Bar Association (ABA) has a set of recommendations for best practices in the pre-settlement funding industry. 

According to the ABA:
  • All terms of funding contracts should be clearly disclosed.
  • The agreements should be non-recourse only.
  • Funding companies should have no influence on the lawsuits their clients are involved in.

These guidelines are just suggestions. In most states, there are no laws requiring funding companies to follow them. It’s up to you to choose a lender that conducts their business in a way you feel comfortable with. 

When Might Pre-Settlement Funding Be the Right Choice?

You’re Experiencing Severe Financial Hardship
If you can’t pay your bills while your lawsuit is under litigation, pre-settlement funding is a simple way to get the needed cash. 
You Have Urgent Medical Needs 
Many lawsuits involve injuries that may need immediate and ongoing medical attention. If you need medical help you can’t pay for, pre-settlement funding may cover those expenses. 
You’re Having Trouble Paying For Daily Living Expenses 
Lawsuits can take many months to settle. If you have trouble covering your expenses, it may be worth seeking pre-settlement funding to avert future financial problems.
You Have Limited Alternative Funding Sources
If you need money and can’t get it any other way, pre-settlement funding may be your only recourse.

Alternatives to Pre-Settlement Funding

If you can’t access pre-settlement funding or expect to receive a structured settlement instead of a one-time payout, there are other ways to cover your expenses.

Pre-Settlement Funding Alternative Options

Personal Loans
If your credit is strong enough, you can take out a personal loan to fund your expenses during your lawsuit.
Credit Cards
Charging most expenses to your credit card is an option while you’re waiting for your settlement. However, it’s critical to pay off your balance with the funding money you receive so that you don’t compound your financial problems by becoming indebted to the credit card company.
Family and Friends
Your loved ones may be able and willing to offer you some financial support, especially if you commit to paying them back later. 
Crowdfunding websites like GoFundMe let you raise money from donations. If you explain your situation, people may agree to help you out. 

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Last Modified: May 10, 2023

10 Cited Research Articles writers adhere to strict sourcing guidelines and use only credible sources of information, including authoritative financial publications, academic organizations, peer-reviewed journals, highly regarded nonprofit organizations, government reports, court records and interviews with qualified experts. You can read more about our commitment to accuracy, fairness and transparency in our editorial guidelines.

  1. Carminati, G. (2022, December 12). Litigation Finance: A Modern Financial Tool for Corporate Counsel. American Bar Association. Retrieved from
  2. The National Law Review. (2022, June 30). Lawsuit Loans, Litigation Finance, Cash Advances on Lawsuit Settlements: What are the Differences and What to Look for in Litigation Funding? Retrieved from
  3. Nicks, C. (2021, July 13). Pre-Settlement Lawsuit Funding: How Does It Work? The National Law Review. Retrieved from
  4. Storey, J. (2021, June 21). The Ethics of Third-Party Litigation Funding. The Bar Association of San Francisco. Retrieved from
  5. Fleming, M. (2021, May 5). Lawsuit Loans: Are the Pros Worth the Cons? The National Law Review. Retrieved from
  6. VanSomeren, L. (2021, March 26). Personal Loan Vs. Credit Card: Which Is Best For You? Forbes Advisor. Retrieved from
  7. Zaman, L. (2020, December 10). ABA Outlines Best Practices for Third-Party Litigation Funding. American Bar Association. Retrieved from
  8. Grosholz, J. (2020, Winter). In the Shadows: Third-Party Litigation Funding Agreements and the Effect Their Nondisclosure Has On Civil Trials. Florida State Law Review. Retrieved from
  9. Pascarella, D. (2018, November 26). The Right Way To Borrow Money From Friends And Family. Forbes. Retrieved from
  10. Michigan Department of Attorney General. (n.d.). Crowdfunding for Donations. Retrieved from