Can Florida Attorneys Loan Cash to Hurting Clients In a Law Suit?
My clients sometimes ask me for personal loans to help them over a financial hump during pending law suit. An attorney may provide a client with information about companies that offer non-recourse advance funding and other financial assistance in exchange for an interest in the proceeds of the client’s case if it is in the client’s interests. The attorney may provide factual information about the case to the funding company with the informed consent of the client. Although the attorney may honor the client’s valid written assignment of a portion of the recovery to the funding company...
FLORIDA BAR ETHICS OPINION OPINION 00-3 (March 15, 2002)
The Florida Bar discourages the use of non-recourse advance funding companies. The terms of the funding agreements offered to clients may not serve the client’s best interests in many instances. The Committee continues to have concerns, as discussed in Opinion 92-6, of the problems that can arise when a client obtains financial assistance from a third party, such as the client’s lack of incentive to cooperate.
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