If you’re involved in a pending lawsuit and facing financial pressure, you may have looked into pre-settlement funding as a way to cover bills, rent, or other living expenses. But many plaintiffs wonder: can my lawyer deny me from getting a pre-settlement loan? The short answer is no, they can’t.
- In order to qualify for a pre-settlement cash advance, you must have an attorney representing you.
- Your lawyer (or paralegal, or whoever knows the most about your case) will be made aware that you are seeking a lawsuit loan, as we need to get in touch with them so that we can evaluate the strength of your case.
- While pre-settlement loans are a good option for those struggling to keep up with bills during a lawsuit, they’re not for everyone.
- Sometimes, your lawyer might steer you away from getting lawsuit funding if they believe that it’s not in your best interest.
However, the decision to seek a pre-settlement cash advance is always up to you.
If you have more questions about the details of getting a pre-settlement loan please don’t hesitate to contact our friendly staff. We are happy to answer all of your questions without any pressure or obligation.
Do I Need to Have a Lawyer in Order to Get a Pre-Settlement Loan?

Before you can get a pre-settlement lawsuit loan, you must have an attorney representing your case. If you have an attorney on your case, your chances of winning a settlement increase dramatically. Since repayment for lenders is contingent on the outcome of the case, they cannot take a risk on plaintiffs without an attorney.
If you still need an attorney, the good news is that many law firms work on a contingency fee basis, which means you don’t pay them unless you win your case. Since having a lawyer also increases your chances of getting a larger settlement, the 30-40% you pay them is well worth it.
The Decision to Get a Pre-Settlement Loan is Yours
Ultimately, if you want to apply for a lawsuit loan, you are not restricted from doing so. However, it is important to listen to the advice of your attorney, since they look out for your best interests.
If your attorney chooses not to cooperate—for example, by refusing to respond to the funding company or declining to share case information—you may be effectively denied funding, even if the lender is willing to approve your application. So while your lawyer can’t legally deny you from getting funding, your lawyer can prevent you from getting a pre-settlement loan by just refusing to participate.
If your attorney is preventing you from getting a lawsuit loan, you should have a conversation with them and ask why. In some cases, you may live in a state that doesn’t allow lawsuit funding or you may already have too much funding from another lender.
Whatever the reason, make sure that a pre-settlement lawsuit loan is right for your situation. If you are having issues paying for legal fees or keeping up with bills during your lawsuit, a pre-settlement lawsuit loan can help.
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- No Pushy Sales Person
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- Repay $0 If you lose
What You Can Do If Your Lawyer Says No
If your attorney declines to assist with the process, that doesn’t always mean the conversation is over. Here are a few steps you can take:
- Ask for an explanation. Understanding their reasoning can help you find a solution that works for both of you.
- Discuss the urgency of your financial needs. Sometimes explaining your situation can help shift their perspective.
- Consider switching attorneys. As a last resort, if you feel your lawyer is not acting in your best interest, you may want to consult with another legal professional.
It’s important to maintain an open and respectful dialogue. Asking, “can my lawyer deny me from getting a pre-settlement loan?” is really about understanding the balance between your immediate financial needs and your attorney’s duty to protect your interests.
Were You Denied Lawsuit Funding? Here Are Some Next Steps
If a lender denies your lawsuit loan application, it doesn’t mean you won’t qualify later. In many cases, you may qualify if your case becomes stronger or moves close to trial. You can also ask why the lender denied your application so you can strengthen your case.
For example, if a lender denies you because your case doesn’t establish liability, you can reapply once your lawyer establishes fault. At Nova Legal Funding, we have the highest approval rating of any legal funding company nationwide. If other lenders deny you, we can still help. Apply online or call us today at 800-760-0704 for a free consultation.