Loans Information |
Law Practice Finance
How do you finance a growing practice? It is impossible to have a successful practice without good cases and managing good cases to a successful conclusion requires money for working capital. So, how does a growing practice secure the working capital it needs? Historically, growing practices in need of working capital have had limited financing alternatives. A law practice's largest and most valuable asset, their case inventory, has been of little value for financial transactions. Most firms find that banks will only lend them rather small amounts, if they will lend at all. Banks simply do not view potential fees from cases as adequate collateral for a loan. They are simply not set up to evaluate this type of collateral. This makes it all but impossible for the smaller firm to finance large cases. Previously, the only alternative has been to give up a large portion of the fee to a financially stronger co-counsel willing to finance the case. Attorney Financing With a Non-Lawyer Third PartyThis paradigm has changed with the introduction of asset-based lending to the legal profession. The development of highly specialized litigation finance companies knowledgeable in case and attorney evaluation now make loans available to many practices for which no financing has previously been available. Moreover, their loan-to-value ratios are double or triple those of traditional financial institutions. Non-traditional lenders are starting to provide loans that more properly reflect the value of a practice's contingent assets - case inventory. While financial condition of the parties always matters in a capital transaction, even more important are the attorneys' skill, track record and case inventory. Ethics Issues Financial transactions with attorneys are shaped by ethics issues. The intrinsic problem is that the non-lawyer entity has an incentive to attempt to "maximize its earnings to the detriment of the representation of clients." The attorney must maintain control and independent professional judgment: the non-lawyer entity must have no power or authority to direct or control the activities of the lawyer (RPC Rule 1.7(a); RPC Rule 5.4(c)). (It goes without saying that lawyers may not split legal fees with a non-lawyer entity. RPC Rule 5.4(a)) Various Rules of Professional Conduct require that: (1) there must no interference with the lawyer's independence or professional judgment or with the client-lawyer relationship, and (2) information relating to representation of a client is protected as required by RPC Rule 1.6. (3) revealing to a third party any information acquired during the professional relationship with a client ("Confidential Material") unless the client gives informed consent. If these conditions are met, a financial arrangement with a non-lawyer entity is permissible if: o Repayment is not tied to the results obtained by the lawyer o The rate of interest charged is absolute and not contingent on the outcome of the litigation. Since there is no way to achieve this with a non-recourse transaction, the attorney must be responsible for the loan. Beware of Sham Transactions There are private lenders that have attempted to avoid the restrictions imposed by the Rules of Professional Conduct by using a law firm as a conduit for its transactions. If the law firm is offering nothing but financing, this transaction is likely to be considered a sham and required to comply with all of the appropriate rules. Factoring Fees on Settled Cases It is important to point out that there is a great distinction between a contingent fee on an unresolved case and an account receivable on a settled case. Since the issues have been resolved, the latter presents no conflict (assuming the transaction does not run afoul of 2) above); the receivable can be sold, factored or otherwise financed like any other receivable. Fees can be factored on a recourse or non-recourse basis at very reasonable costs. The Structure of Today's Market Every credit market has a hierarchy and this one is no different. Rates vary from about 5% for the most creditworthy to 60% for the least. Since case expenses including working capital represent only a small fraction of the value of a case, even the highest rate loans, which are primarily asset based, represent very favorable economics for the growing firm. Consider the following alternatives for a firm that needs $50,000 in financing in order to handle a $500,000 case with a contingency fee of 33% (potential fee of $165,000): (1) Co-counsel Financing: 50% of the fee equals $82,500; (2) Working Capital Loan at 60% equals $30,000 per annum. Depending on the case duration (break-even is 33 months) Prime Borrowers The largest and most creditworthy firms have always been able to get bank financing at reasonable terms; these have always been credit transactions rather than asset financing. Generally, the bank will take a blanket security interest on all assets of the firm, including case inventory and will usually require the personal guarantees of the principals, as well. These prime borrowers can use their financial strength to borrow and then turn around and invest the capital in cases brought to them by smaller firms unable to get the financing themselves. The cost of these transactions can be huge since they are based on the results of the case rather than on the amount that is financed. Non-Prime Borrowers Just below these prime borrowers is a group of firms that are creditworthy enough to secure a bank line but not at the best terms. The amount of the line is usually insufficient and the rate is well above prime. These firms can usually obtain significant funds from a non-bank lender at rate of 16% - %20%. A security interest and personal guarantees will be required. All Others The vast majority of firms have been limited to the amount of capital they can borrow on their own personal credit. Footnote 1 RPC Rule 1.7(a), a conflict of interest exists if the representation of one or more of a lawyer's clients is materially limited by the lawyer's responsibilities to a third party or by a personal interest of the lawyer. This conflict can be waived by the client. However, regardless whether there is no conflict, or there is a conflict that is waived by the client, the lawyer must still insure that (1) there is no interference with the lawyer's independence or professional judgment or with the client-lawyer relationship, and (2) that information relating to representation of a client is protected as required by RPC Rule 1.6. RPC Rule 5.4(a) prohibits a lawyer from sharing legal fees with a non-lawyer entity. RPC Rule 5.4(c) prohibits a lawyer from entering into certain arrangements with a third party that would give the third party the power to direct or regulate the lawyer's professional judgment in rendering legal services to a client. RPC Rule 1.6(a) generally prohibits a lawyer from revealing to a third party any information acquired during the professional relationship with a client ("Confidential Material") unless the client gives informed consent. Copyright 2003-2005 www.financeandlaw.com, a JurisMark LLC website www.jurismark.com Wayne Walker is the Presdent of CapTran, the leader in litigation financial serives.
MORE RESOURCES: Unable to open RSS Feed $XMLfilename with error HTTP ERROR: 404, exiting |
RELATED ARTICLES
Cash Loans: The Good, the Bad, and the Debt-Free Happiness is what they're selling. Relief from the crushing weight of that gigantic rock we're all forced to carry called 'financial burden. Information About Debt Consolidation Loans with Bad Credit Finding debt consolidation loans with bad credit can be quite a task? after all, a lot of lenders don't want to take a risk on someone who is such an obvious credit risk. Luckily, however, a lot of lenders will take that risk; it's simply a matter of knowing what they're looking for, and how best to approach them for a loan. Boat Loans - Steering Way Towards a Bon Voyage In the full moon night, on a lovely morning you would like to take your craft, your boat where the cool wind blows. How it steers slowly along the fine film of transparent blue waters. No Credit Car Loans - Even With No Credit History, You Can Still Get Approved Even it you have no credit history, you can still get approved for a car loan. With a car loan, you can purchase your vehicle and build your credit history. Finding and Getting Bad Credit Loans If you don't know where to turn for bad credit loans, you're not alone. Thousands of people struggle with their finances month after month, weighted down by a credit rating that they don't know how to fix. Getting the Best Loans UK with Bad Credit Sometimes it might seem as though finding good loans UK is nearly impossible for those who have bad credit.Having bad credit can make life difficult in many ways, and almost certainly makes it more expensive? without being able to get decent loans UK, though, many of these expenses can be more than an individual can handle on their own and they often have to do without the things they want or the financial assistance that they need. Making Your Business Happen with a Commercial Lender If your home business is starting to overflow from the office into other parts of the house, it may be time to consider finding a building large enough to handle your startup's rapid growth. However, most businesses are unable to generate enough revenue at this phase of growth to allow for the outright purchase of a new facility. Simple Tips On Getting Your Loan So, you want to get a loan?Here are some simple tips that will help you make an informed decision about what kind to get, and who to get it from.First ask yourself: do you really need it?Can you manage without it?Is it for something frivolous, like a holiday?Could you get the money by other means: part-time job, from a relative, the sale an asset?Don't put a monkey on your back if you can avoid it. Shopping for a Secured Personal Loan If you find yourself looking for a loan, you'll likely be getting a secured personal loan. A secured personal loan can be used for a variety of reasons, from paying off student fees to buying a new car? but they all have a few things in common. Why Payday Loans Should Be Avoided If you are considering getting a payday loan for the first time or are looking for information regarding payday loans, then this article will be of great help to you. Payday loans are designed to provide you with some quick cash until your next paycheck. Secured Loans House the Most Positivistic Consequences of Loan Borrowing One of the most enduring myths of loan industry is that secured loans are perhaps the most favorable loan type available. And guess what this myth is in fact one of the most enduring truths ever. No Income Verification Loans - When Income Doesnt Show on Paychecks Financial statements, salaries, income proof, documents, paycheck, W-2 forms, 1099's - there is an exhaustive list of some of the forms that you may require to provide for a loan. Income documentation is not always easy for someone who is self employed or retired or for any person who doesn't have a fixed source of income. Finance Your Home Business: Six Ways Under Your Nose There are lots of ways to get additional capital to expand a home-based business. But before you look outside for financing, leaving the decision about your company's progress and merits to someone else, consider these six ways under your nose to finance your home-based business:Personal SavingsSavings are easy to tap and involve no paperwork. Cash Advance Payday Loans The ads are on the radio, television, the Internet, even in the mail. They refer to payday loans - which come at a very high price. What To Consider Before Applying For A Loan Here are some useful tips on what to consider before applying for a loan. If you need money to pay bills or make home improvements, and think the answer is in refinancing, a second mortgage, or a home equity loan, consider your options carefully. Guide to Homeowner Loans Here is a useful guide to Homeowner Loans. A Homeowner Loan is a loan secured against your home. Where to Get Your Military Signature Loan Military signature loans are easy to come by. When looking for a military signature loan you might even get overwhelmed by what seems like an endless supply of lenders, APRs and added perks. Instant Cash Advance Loans - Take Advantage of The Convenience of The Payday Loans Available Online Cash advance loans not only provide you with instant cash, they also allow you to complete the entire process online from the convenience of your home. No driving between offices and banks. Law Practice Finance How do you finance a growing practice? It is impossible to have a successful practice without good cases and managing good cases to a successful conclusion requires money for working capital. So, how does a growing practice secure the working capital it needs?Historically, growing practices in need of working capital have had limited financing alternatives. Cash Advance Loans Online - A Great Way to Make it Until Your Next Pay Day A payday advance is a loan obtained to cover unexpected expenses or if you happen to be short on cash and payday is still several days away. Payday advances can usually be deposited into your checking account the very same day you apply or overnight. |
home | site map | contact us |