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+1 (844) 360-1818  |  info@conciergefunding.com  |  📅 Schedule a Call  |  Portal

Attorney Compliance Center

New York’s Litigation Funding Act took effect June 17, 2026. We help your firm stay compliant, protected, and informed.

Now in effect: New York’s Litigation Funding Act (Financial Services Law Article 10) caps a funder’s total charges at the funded amount plus 25% of the plaintiff’s gross recovery. An attorney who distributes settlement proceeds in excess of that limit may face exposure to their own client. Two steps protect your firm: (1) require a written compliance certification confirming the funding contract meets the Act’s terms — the funded-amount-plus-25% charge limit, 12-point bold disclosures, and the 10-business-day rescission right — before referring any client, and (2) require an indemnification agreement from every funding company before disbursing any settlement funds.

25%

The critical number every New York attorney must know

A funder’s total charges — the funded amount plus interest and fees — are capped at the funded amount plus 25% of the plaintiff’s gross recovery, measured on the gross settlement or judgment before any deduction for legal fees or expenses. If a funder’s payoff exceeds this limit, an attorney who distributes those funds may face exposure to their client. Where a client has agreements with more than one funding company on the same claim, the Act restricts multi-funder arrangements — see “The multi-funder problem” below. Applies to all contracts signed on or after June 17, 2026.

NEW YORK STATE

New York Litigation Funding Act

Originally enacted December 19, 2025 and re-enacted as Financial Services Law Article 10, effective June 17, 2026. New York’s first comprehensive regulatory framework for non-recourse legal funding — and a new source of liability for personal injury firms.

What the law requires of funders

  • Register with the New York Department of Financial Services (DFS) — registration requirement effective February 13, 2027
  • Cap total charges at the funded amount plus 25% of gross recovery — calculated before legal fee deductions
  • Contracts in 12-point bold type disclosing funded amount, fees, repayment terms, and 10-business-day cancellation right
  • 10-business-day right of rescission for the plaintiff with no penalty
  • Prohibited from influencing litigation strategy, settlement decisions, or attorney-client relationships
  • Include the statutory attorney acknowledgment (§ 1002(b)) in the funding contract — six attestations the attorney must sign

What it means for your firm

  • Before any referral: confirm the funding contract meets the Act’s terms — the charge limit, 12-point disclosures, and 10-business-day rescission right
  • At every payoff: confirm total charges do not exceed the funded amount plus 25% of gross recovery — calculated before your fee is deducted
  • Do not distribute settlement funds to a funder whose payoff exceeds the limit — this may create exposure to your client
  • Cap applies only to contracts signed on or after June 17, 2026 — pre-existing agreements are unaffected but remain active on your files
  • If a client already has a funding agreement on the same claim, the Act prohibits a new funder from funding without first acquiring or extinguishing the prior obligation — unless all funders, the client, and the attorney consent in writing
  • Maintain clear records of gross settlement, all deductions, and all payments to funders for every file

The multi-funder problem

  • The Act prohibits a funder from knowingly funding a client who already has a funding contract on the same claim — unless the prior obligation is first acquired or extinguished
  • A multi-funder arrangement is permitted only if all funders, the client, and the attorney consent in writing
  • Even with written consent, the aggregate of all funders’ charges must stay within the funded amount plus 25% of gross recovery
  • Contracts entered into before June 17, 2026 are not subject to the Act (§ 1009(e))

Effective date & enforcement

  • Originally signed December 19, 2025 (Governor Hochul)
  • Substantive provisions effective June 17, 2026; registration & reporting effective February 13, 2027
  • Enforced by: New York Attorney General (DFS handles registration & reporting)
  • Cap applies to contracts signed on or after June 17, 2026
  • Violation: a willful violator waives its right to recover charges in that matter and faces a civil penalty up to $5,000 per violation, recoverable by the Attorney General

Attorney liability — the risk is real

  • If a funding company’s total charges exceed the funded amount plus 25% of gross recovery, the attorney who distributed those proceeds may face exposure to the plaintiff
  • Distributing settlement funds to a funder whose charges exceed the statutory limit may create exposure to the client
  • The safest protection: require a signed indemnification and certification from every funder at the payoff stage — not just at initial funding

Concierge Funding — compliant with the Act

Concierge Funding’s contracts comply with the Act — total charges capped at the funded amount plus 25% of gross recovery, all required 12-point bold disclosures, and the 10-business-day right of rescission. We will register with New York State when the registration requirement takes effect February 13, 2027. We provide a Payoff Compliance Certificate at settlement confirming our charges comply with the statutory cap — and we execute a full indemnification agreement protecting your firm at the time of payoff.

JURISDICTION GUIDE

State-by-state compliance

Obligations and risks vary significantly by jurisdiction. Requirements for each state where your firm handles cases are set out below.

New York

Comprehensive law in effect — June 17, 2026

Funder requirements

  • DFS registration — requirement effective February 13, 2027
  • Funded amount plus 25% of gross recovery — total charge limit
  • 12-point bold contract disclosures
  • 10-business-day rescission period for plaintiffs
  • Maximum payoff disclosed at contract signing

Attorney obligations

  • Confirm the funding contract meets the Act’s terms — charge limit, 12-point disclosures, and 10-business-day rescission
  • Confirm total charges do not exceed the funded amount plus 25% of gross recovery before disbursing
  • Obtain signed indemnification at payoff — not just at initial funding
  • On multi-funder files: the Act requires written consent of all parties and prohibits exceeding the aggregate limit
  • Do not accept referral fees or any compensation from funders

Risks if funder is non-compliant

  • Client may pursue the attorney for distributing excess proceeds to a funder
  • Contract may be void or voidable — settlement dispute at closing
  • Attorney General enforcement — charge-waiver plus civil penalties up to $5,000 per violation
  • Malpractice exposure for failure to verify compliance

How to verify compliance

  • Request a written compliance certification confirming the funding contract meets the Act’s terms
  • A DFS public funder registry is expected once the registration requirement takes effect on February 13, 2027
  • Review the funder contract for the Act’s required disclosures
  • At payoff: confirm total charges do not exceed the funded amount plus 25% of gross recovery
  • Require signed Indemnification & Certification Agreement at payoff

Florida

No comprehensive statute — Florida Bar ethics rules apply

Florida regulatory status

  • No statewide litigation funding statute as of 2026
  • Non-recourse funding is legally permissible

Florida Bar ethics guidance

  • Must remain neutral in funder selection
  • Cannot receive compensation or referral fees from funders
  • Cooperation with funder must not impede client representation

Best practices for FL attorneys

  • Document your neutrality in funder selection for the file
  • Review any funder contract before your client signs
  • Request our indemnification agreement regardless — good practice in any state
FIRM PROTECTION

Forms & indemnification library

Every form your firm needs to document compliance, verify the charge limit, and protect against liability — available as PDF downloads.

FORM 1

Funder Compliance Certification

The funding company certifies in writing that its contract meets the Act’s requirements and that its total charges comply with the funded-amount-plus-25% limit. Signed at time of initial funding.

FORM 2

Indemnification & Certification at Payoff

Required at settlement disbursement. The funder certifies the payoff complies with the charge limit and agrees to indemnify and hold harmless your firm. Issued for single-funder matters; the Act restricts multi-funder arrangements and requires written consent of all parties.

FORM 3

Attorney Referral Certification

Documents that the attorney remained neutral, did not accept referral fees, and confirmed the non-recourse nature of the funding. Creates a record that your firm met its professional obligations on every referral.

FORM 4

Payoff Compliance Certificate

Issued by Concierge Funding with every payoff letter. Certifies the payoff amount, the gross recovery used to calculate the limit, and confirms total charges do not exceed the funded amount plus 25%. Signed by our compliance officer. Attach to your settlement file.

Red flag checklist

Before referring any client to any funder.

  • Funder cannot certify in writing that its contract meets the Act’s terms
  • Contract does not show maximum payoff at signing
  • Total charges may exceed the funded amount plus 25% of expected gross recovery
  • Funder offers or implies a referral fee to your firm
  • No 10-business-day rescission right offered to plaintiff
  • Funder refuses to sign indemnification at payoff
  • Contract not in 12-point bold with required disclosures
  • Funder asks about case strategy or settlement offers
  • Multi-funder file without written consent of all parties as the Act requires
  • Funder cannot produce the signed § 1002(b) attorney acknowledgment
UPDATES & RESOURCES

Litigation Funding Act guidance & attorney memos

We publish updates here as the Act’s requirements take effect and as further guidance is issued.

FEB 2027

Registration Window Opens — February 13, 2027

DFS begins accepting funder registration applications. A funder that applies within 180 days of the window opening may continue to fund while its application is pending.

Coming Soon

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+1 (844) 360-1818

info@conciergefunding.com

100 Garden City Plaza, Suite 518
Garden City NY 11530