If I'm waiting on a settlement check can my Lawyer give me a cash advance?

Asked about 1 year ago - Mount Rainier, MD

I just settled on an accident that I had 2 years ago, and I asked my lawyer if I can get a cash advance, so that I can catch up with some bills, and he told me that he couldn't do it, because it's against the law is there any truth to that?

Attorney answers (3)

  1. Brandy Ann Peeples

    Pro

    Contributor Level 19

    Answered . I don't know of any express prohibition, but I believe it would be both a violation of ethics rules and unwise for your attorney to advance you your settlement fees -- especially prior to your attorney's fees and expenses being deducted.

    DISCLAIMER: Brandy A. Peeples is licensed to practice law in the State of Maryland. This answer is being provided... more
  2. Michael Charles Doland

    Contributor Level 20

    1

    Lawyer agrees

    Answered . While it does not appear to be "against the law" there is no obligation for an attorney to advance a portion of the settlement to the client.

    The above is general legal and business analysis. It is not "legal advice" but analysis, and different lawyers may... more
  3. Frank Anthony Natoli

    Pro

    Contributor Level 19

    1

    Lawyer agrees

    Answered . He is correct. Your lawyer cannot lend money to clients, which is what you are asking him to do. They can only advance the costs of litigation under a contingency agreement.

    Best regards,
    Frank
    Natoli-Lapin, LLC
    (see Disclaimer)

    The law firm of Natoli-Lapin, LLC (Home of Lantern Legal Services) offers our flat-rate legal services in the... more

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