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John Bair
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Legal Funding FAQ Series: How Does My Lawyer Fit Into the Mix?

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You’re not alone if you’re in the middle of litigation and struggling to make ends meet while you await settlement. At the Bairs Foundation, we know that while your world may stop due to a catastrophic accident, the world around you has not. But when you’re out of work, bills still have to get paid, and it’s often difficult to find the resources to meet these basic needs.

Are lawsuit loans legal

Funding litigants and their families is a necessary part of Americans’ access to justice. Unfortunately, the for-profit plaintiff-funding industry frequently takes advantage of the individuals in this exact situation.

The Bairs Foundation has paged through countless FAQ pages created by the unregulated non-recourse industry. To show how our non-profit is changing the model of non-recourse advances, and to make sure the public is properly educated and empowered when it comes to pre-settlement funding, we’re continuing our series of our own answers.

If you have a question we have not yet addressed, feel free to post it in the comments. This post is the third in a series of blog posts about legal funding for plaintiffs.

Can I have my attorney provide me with funding?

The American Bar Association (ABA) prohibits attorneys from lending money to clients. The ABA created this rule to prevent an attorney-client conflict of interest.

If I receive funding, will my lender get involved in my case?

Many members of the American Legal Finance Association (ALFA) note that they do not participate in a borrower’s lawsuit.

As a nonprofit with a different lending model, we can only speak for ourselves. The Bairs Foundation’s mission is to provide plaintiffs with low-cost access to capital, so they can go the distance against deep-pocket defendants. While we’re rooting for you to obtain the justice and compensation you deserve in your lawsuit, we do not interfere with any aspect of your case.

What do attorneys generally think about plaintiff funding?

Trial lawyers know that access to capital for families in dire circumstances is better than letting go of their lawsuit. Plaintiffs can rarely afford long protracted litigation, so funding families in need during the course of litigation is a critical aspect of the civil justice system. However, many attorneys are wary of for-profit lending companies because they know that they usually end up harming their clients. That’s why we want to change the current industry.

Since we started the Bairs Foundation in 2016, we have received outstanding feedback from lawyers whose clients we have helped. Here are just a few of the kind words they’ve sent to us.

“The great folks at The Bairs Foundation provided much-needed financial assistance to our client quickly and efficiently, and at [a fraction] of the high interest rates of the other companies that are out there taking advantage of folks. HIGHLY recommended.”

“They treated my clients with compassion and took the time to collaborate with me and the clients to determine how best to address their needs. I am so grateful they are doing this work!”

“The Bairs Foundation provided vital financial help to a woman I represent. With their intervention she was able to keep her water and electricity on while we resolved her financial situation. They are incredible to work with and the low interest rates will keep them at the top of my list for clients who need this assistance.”

To read more attorney reviews, visit the Bairs Foundation’s Facebook page.

 

 

HAVE MORE QUESTIONS? ASK THE BAIRS FOUNDATION FOUNDER JOHN BAIR

John Bair has guided thousands of plaintiffs through the settlement process. Motivated by a desire to assist others in protecting their financial well-being, John and his wife Amy established the Bairs Foundation. At seven percent simple interest, the organization provides the financial assistance families need during litigation. Read more at http://www.bairsfoundation.org/.

 

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