When It Comes to Lawsuit Funding, Give Your Attorney a Break

AppId is over the quota
AppId is over the quota

Applicants for lawsuit funding, otherwise known as lawsuit loans or litigation cash advances, have wide and assorted reasons for seeking pre-settlement cash against the potential recovery of their legal proceeding. In many instances, applicants require funding as quick as possible. Of course, lawsuit funding companies are in the business to help these individuals and it is in their best interest as well that the transaction take place in a timely fashion.

Unfortunately, many clients are disappointed to experience that the whole process takes longer than expected. Compounding the problem is promises of "12 hour approvals" and "get your money today" advertisements all over the internet. That is not to say that no cases are funded in the 12-24 hour time frame. In fact, lawsuit funding contracts are routinely executed on the same day as the application. And this occurs each and every day.

The problem is adjusting the applicant's expectations because not every case is submitted, paperwork received, attorney interviewed, contract drafted and executed, and money disbursed all in one business day. In prior articles, we discussed some potential obstacles standing between the applicant and a successful funding transaction. Below, we discuss the attorney's role in the funding process and how his participation is a necessary prerequisite for anyone hoping to obtain a lawsuit cash advance. Further, we consider the attorney's point of view as it pertains to the process of obtaining a cash advance against a case.

The lawsuit funding process begins and ends with attorney cooperation. Because the lawsuit loan business is driven, first and foremost, by the compilation of paperwork, attorneys are usually in the best position to assist in the transaction. And the vast majority of attorneys sincerely desire to help their clients, especially if in so doing, the case results in a better outcome.

The real difference between the client and the attorney, when dealing with the steps needed to successfully pursue cash advance funding, is urgency. For the most part, attorneys do not personally feel the financial strain the applicant is feeling. He is simply conducting his work load as he runs his business. It would be unfair to ask an attorney to monitor the finances of each and every client he represents. That is simply not in the scope of his representation. Normally, neither is representing the client in a lawsuit funding transaction.

That is not to say that attorneys do not cooperate at all. When problems do arise, they usually revolve around the timing of the response. Frequently, the applicant needs the money yesterday. The attorney however is often unable to respond within the client's immediate time frame. Applicants would do well to understand that their lawyer is trying to run a business. He has more than one case and usually a large work load. Asking the lawyer to drop everything that he is doing to help compile paperwork is not realistic.

As stated above, attorney cooperation is vital to obtaining lawsuit funding. It makes no practical sense to pester or otherwise antagonize this individual. Lawsuit loan applicants would be better served if they simply adjusted their expectations and gave their attorney some time to fit the tasks into his schedule. After all, his cooperation is crucial.

The good news is that lawsuit funding is now part of most personal injury practices. As attorneys become more and more familiar with the process, they will be less and less resistant to it, and more able to allot the proper amount of time to the transaction.

Thank you for your interest in the lawsuit funding business.

PMC

Book Review: The Path Of The Law

Title:The Path Of The Law

•Sub-title:Learning, Understanding, and Mastering the Law

•Author: Oliver Wendell Holmes, Jr.

•Release date: 2009

•ISBN: 978-1933230-08-5

Introduction

The thoughtful reader of The Path of the Law will enjoy the feeling of having at his side a guide, philosopher, and teacher who carefully guides him to learning, understanding, and mastering the law. To read and reread this book is to experience taking it from a great teacher some of the things he has learned and to become excited about the subject too.

The Path of the Law presents the conclusions drawn by Holmes after more than 30 years of legal observation, thought and practice of law. He probably wrote this essay to further discuss what he began in his most famous publication, The Common Law. The Path of The Law was written not as a manual about the practice of law, but a manual to show students how to think like a lawyer. what it means to be a good lawyer. and what it means to have a successful law career.

What Is This Book About?

Obviously, many changes and improvements have taken place in the legal profession and in legal education since Holmes wrote this essay in 1897. Purpose in this book Holmes is not concerned with the practical minute details of learning about the law: "Theory is my subject, not practical details." The modes of teaching have been improved since my time, aim ability and industry will master the raw material with any mode. "Theory is the most important part of the dogma of the law, as the architect is the most important man who takes part in the building of a house."

Who Is Holmes?

Holmes was in a position to speak about American law with great authority. After graduating from Harvard with his law degree, he taught law there. He then served for 20 years on the Supreme Judicial Court of Massachusetts. Then he was appointed to the U.S. Supreme Court as an Associate Justice, where he served for 30 years. Despite his fancy titles and very extensive experience, Holmes never talks down to the reader of this book. Holmes' obvious love of the law and his desire to help others understand this attraction comes through to the reader loud and clear. Holmes uses many easy-to-understand examples throughout the essay to make his point.

The "Bad Man Theory" and "Morality Vs Law."

The quality and simplicity of Holmes' writing is reason enough to attract readers - especially law students. His illustrations are obviously chosen from wide experiences and are like vivid pictures flashed on a miniature screen. Everyone's favorite illustration is usually Holmes' explanation of his "bad man theory". Holmes explains "that a bad man has as much reason as a good one for wishing to avoid an encounter with the public force, and therefore you can see the practical importance of the distinction between morality and law". In other words, a bad man will want to know only what the material consequences of his conduct will be; He will not be motivated by morality or conscience. This example sets the stage for most of the book. Holmes puts a lot of effort into giving examples of the differences between morality and law.

History and Tradition

A large portion of the book discusses the importance of history or tradition, as an important part of the study of law. Holmes tells us that "The rational study of law is still to a large extent the study of history." History must be part of the study, because without it we cannot know the precise scope of rules which it is our business to know. "It is part of the rational study, because it is the first step toward an enlightened skepticism, that is, toward a deliberate reconsideration of the worth of those rules."

Isn't This Book Outdated?

The hasty reader might assume that this book was written too long ago to be of any practical use to a modern law student or lawyer. But a careful reader will immediately realize that Holmes has much to offer us today. Holmes sums up his entire book in two short paragraphs:

"I take it for granted that no hearer of mine will misinterpret what I have to say as the language of Sunir." The law is the witness and external deposit of our moral life. Its history is the history of the moral development of the race. The practice of it, in spite of popular jests, tends to make good citizens and good men. When I emphasize the difference between law and morals I do so with reference to a single end, that of learning and understanding the law. "For that purpose you must definitely master its specific marks, and it is for that I ask you for the moment to imagine yourselves indifferent to other and greater things."

"If a man goes into law it country to be a master of it, and to be a master of it means to look straight through all the dramatic incidents and to discern the true basis for prophecy." "Therefore, it is well to have an accurate idea of what you mean by law, by a right, by a duty, by malice, intent, and negligence, by ownership, by possession, and so forth."

Conclusion

Those of you reading this book before entering law school should make an effort to re-read it several times during your law school studies. It is then that you will begin to understand more of The Path of the Law each time you read it, and really begin to understand what Holmes was trying to tell us - at a level deeper - and enjoy his message even more.

Joseph v. Kunz, Jr. is an author, self-publisher, educator, infopreneur, small-business manager & marketing maven & wiz, husband & father of twins. Life-long love affair with books and reading. Very excited about being part of the new media movement. Known for casual, easy-to-read writing style and ability to explain complex topics in an andmature way. Kunz likes to share all that he has learned about self-publishing and small-business management at KunzOnPublishing.com. "If you are serious about your work you should self-publish." Retain creative control. Retain the profits. "Enjoy the satisfaction and status that comes with being published." Visit Kunz's website about all aspects of self-publishing at http://www.KunzOnPublishing.com /, for an insider's guide to becoming a financially successful and happy self-publisher, and sign up for his free newsletter.