How Pre-Paid Forwards Work
This isn't lending. It's a sale. You're selling a portion of your future attorney fees to a buyer who pays you upfront at a discounted rate.
Pros & Cons
An honest look at both sides. So you can make the best decision for your firm.
The pros and cons above are illustrative and not exhaustive. Every funding structure carries firm-specific legal, tax, and financial considerations. Always consult your CPA and an attorney before entering into any funding arrangement.
The Mechanics of Pre-Paid Forward Structures
A pre-paid forward is one of the most misunderstood capital structures in litigation finance. But also one of the most powerful for firms in the right situation. Unlike a loan or credit line, a pre-paid forward is a pure sale of a portion of your future case fees. You sell a defined percentage of your expected settlement revenue at a discount, receive cash immediately, and the buyer collects their portion directly from settlements as cases resolve. There is no interest. There are no monthly payments. There is no debt on your balance sheet. The buyer takes ownership of that fee stream and bears the risk of collection timing and case outcomes. The discount rate, typically 15-35% depending on portfolio quality and expected resolution timeline, is the buyer's compensation for taking on that risk and providing capital today. For example, if your firm expects $10M in future fees and sells 30% at a 25% discount, you receive $2.25M immediately. The buyer then collects $3M from your settlements as they resolve. The effective cost depends entirely on how quickly cases settle, faster resolution means a higher annualized cost, but you've had the capital working for your firm the entire time.
How Firms Use This Capital
What to Know Before You Apply
It's Irreversible
Once you sell a portion of your future fees, you can't buy them back. The buyer owns that fee stream permanently. Make sure the capital you receive justifies the portion of future revenue you're giving up.
Discount Rates Vary Widely
Discount rates range from 15-35% depending on portfolio quality, resolution timeline, and buyer competition. Getting multiple offers is critical, even a 2-3% improvement in discount rate can represent hundreds of thousands in savings.
Settlement Coordination
The buyer needs visibility into settlement timing and direct collection from proceeds. This requires coordination with your settlement team and potentially your banking partner. Understand the operational requirements before committing.
Complex Valuation Process
Buyers need detailed data on your portfolio, case types, stages, expected values, and resolution timelines, to price a forward accurately. Our memo team streamlines this process significantly.