By Michael Shemtoub, trial attorney, Beverly Law. Updated November 2026.
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States where the law requires a lawyer
The most common requirement is the attorney acknowledgment, and without a lawyer there is no one to sign it:
| State | What the statute says |
|---|---|
| California | The contract must contain “a written acknowledgement by an attorney retained by the consumer,” and its absence makes the deal “null and void” (Bus. & Prof. Code 6251(c)-(d)) |
| Illinois | Acknowledgment by the retained attorney; if it is not completed, “the contract shall be null and void” (815 ILCS 121/10(b)-(c)) |
| Nevada | Acknowledgment “by the attorney retained by the consumer”; a contract without it “is void” (NRS 604C.350) |
| Kansas | Acknowledgment “by the attorney retained by the consumer,” or the contract is void; a “consumer” must also be a plaintiff in a Kansas civil action (2026 Kan. Sess. Laws ch. 130, secs. 2(c), 3(d)-(e)) |
| Nebraska | A “consumer” is a person who “is represented by an attorney at the time he or she receives” the funding (Neb. Rev. Stat. 25-3302(2)) |
| Missouri | A contract may be entered only on a claim “in which the consumer is represented by an attorney” (RSMo 436.554) |
| Vermont | The contract must acknowledge “that the consumer is represented by an attorney in the legal claim” (8 V.S.A. 2253(c)(4)) |
California’s acknowledgment also confirms that the lawyer “is being compensated on a contingency basis pursuant to a written agreement” (section 6251(c)(2)), so in that state a lawyer paid by the hour may not be able to sign it either. Our page on whether your lawyer has to sign covers the rest of what the lawyer confirms.
States that allow for a consumer without a lawyer
Some statutes are written for both situations. West Virginia requires “a written acknowledgment by the consumer of whether the consumer is represented by an attorney,” and asks for the lawyer’s own acknowledgment only “if the consumer acknowledges that the consumer is represented” (W. Va. Code 46A-6N-3). Tennessee likewise ties its attorney acknowledgment to consumers who have a lawyer (47-16-104). Many states have no funding statute at all, and the state law table shows which group yours is in.
Courts have flagged the risk of signing alone. In a 2020 decision, Minnesota’s Supreme Court wrote that “courts should carefully review uncounseled agreements, particularly between parties of unequal bargaining power” (Maslowski v. Prospect Funding Partners). The client in that case did have a lawyer, who discussed the contract with her and signed its last page.
Why a funder looks for a lawyer in the case
Even where the law permits an unrepresented consumer, the statutes show how much of the deal runs through the lawyer. California’s acknowledgment says “all proceeds of the legal claim will be disbursed through the attorney’s client trust account or a separate settlement fund” (section 6251(c)(3)). Missouri has the lawyer notify the funder when the case resolves and pay the amount due “within ten business days” after the funder confirms it in writing. Without a lawyer, nobody holds the money in trust, so the funder has to rely on you to pay it. Our page on how an advance is paid back walks through that process.
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Pro se and small claims cases
Representing yourself, called proceeding pro se, means no retained attorney, so a contract in the acknowledgment states cannot be completed. Small claims court adds another barrier in California: “no attorney may take part in the conduct or defense of a small claims action,” except as the statute permits (CCP 116.530(a)). A person may bring a claim there only if “the amount of the demand does not exceed twelve thousand five hundred dollars ($12,500)” (CCP 116.221). A small claims case cannot supply the lawyer’s signature California’s funding law requires. If your losses are larger than a small claims limit, see do I need a lawyer for a car accident.
Finding a contingency-fee lawyer
Funders may not steer you to a particular lawyer in California. The statute bars a funding company from referring a customer “to a specific attorney, law firm, or any of their employees,” but allows a referral “to a publicly available attorney referral service operated by a local bar association” (section 6254(a)(4)). Bar referral services are a neutral starting point:
- California: the State Bar says certified lawyer referral services “operate independently from the State Bar” but “are required to meet standards approved by the California Supreme Court,” and must show their certification number in their ads. Through one, you can arrange a consultation “for a reduced or no fee,” and the State Bar’s directory can be searched by county, area of law and language (State Bar of California).
- Washington: the WSBA says it “does not provide legal advice or referrals to private attorneys,” and instead lists county bar referral services for Clark, King, San Juan, Snohomish and Tacoma-Pierce counties, along with its legal directory (WSBA Find Legal Help).
- Other states: check your state or county bar association’s website for a referral service.
Ask any lawyer you meet whether they take injury cases on contingency, meaning the fee comes out of the recovery. Our page on what a car accident lawyer costs explains how those fees work. If you need money now and no lawyer will take the case, our page on alternatives to funding lists other sources.
What to ask before you sign
- Does my state’s law require me to have a lawyer for this contract to be valid?
- If I have no lawyer, who holds the settlement money and pays you?
- Does the contract require me to hire a lawyer later, and what happens if I do not?
- Will you refer me to a lawyer, and is that referral service run by a bar association?
Common questions
Can I get pre-settlement funding if I represent myself?
In states that require a retained lawyer’s acknowledgment, no valid contract can be made without one. A few states, such as West Virginia, allow for a consumer without a lawyer, but a funder can still decline.
Can I get an advance on a small claims case?
In California, lawyers generally cannot take part in small claims cases, so the attorney acknowledgment the funding law requires cannot be given.
Can a funding company find me a lawyer?
Not a specific one in California. The company may point you only to a public referral service run by a local bar association.
Do I have to pay a lawyer up front to qualify?
California’s acknowledgment requires a lawyer paid on contingency under a written agreement, which normally means the fee is paid only from a recovery.
Where can I read more about how these advances work?
The lawsuit cash advance guide covers costs, the law and the risks. Beverly Law does not offer or arrange lawsuit funding and receives no payment from funding companies. Beverly Law offers a free case review in English or Spanish at (310) 552-6959 if you have questions about your injury case. You owe no fees or costs unless we win.
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Related pages
Cash advance on a lawsuit · Laws by state · Injury law FAQs
Sources
- California AB 931 chaptered text, Bus. & Prof. Code 6250, 6251, 6254 (CalMatters Digital Democracy) (calmatters.digitaldemocracy.org)
- Illinois Consumer Legal Funding Act, 815 ILCS 121 (ilga.gov)
- Nevada NRS Chapter 604C (leg.state.nv.us)
- Kansas HB 2518 (2026 Sess. Laws ch. 130) (kssos.org)
- Nebraska Rev. Stat. 25-3302 (nebraskalegislature.gov)
- Missouri RSMo 436.554 (revisor.mo.gov)
- Vermont 8 V.S.A. ch. 74 (legislature.vermont.gov)
- West Virginia Code 46A-6N-3 (code.wvlegislature.gov)
- Tennessee Code 47-16-104 (Justia, 2025) (law.justia.com)
- Maslowski v. Prospect Funding Partners LLC, No. A18-1906 (Minn. June 3, 2020) (Justia) (law.justia.com)
- Cal. Code Civ. Proc. 116.530 (california.public.law)
- Cal. Code Civ. Proc. 116.221 (california.public.law)
- State Bar of California, How a Certified Lawyer Referral Service Works (calbar.ca.gov)
- Washington State Bar Association, Find Legal Help (wsba.org)
Important: This page is general information, not legal or medical advice, and reading it does not create an attorney-client relationship. Every case is different; talk to a lawyer about yours. Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou. Last reviewed: November 7, 2026.