Funds Request Guidelines

When to Request Funds:

Trial and Evidentiary Hearings:
Funds must be requested within 48 hours upon scheduling trial. 
Funds must will be due and must be received no later than 6 weeks before trial.  
Even if a settlement is expected, trial funds must still be requested and received!  

ADR:
Funds must be requested within 48 hours upon scheduling ADR
Funds must be due at least 2 weeks before mediation.
Use the mediation letter template to set the due date and amount.

Other Major Events (motions, discovery):
Funds should be requested when significant costs are anticipated.
Whenever possible, the client should be given at least 30 days to come up with the funds.
Funds must be due 2 weeks prior to deadlines to submit documents.

Request Amounts:

Event                                   Total Cost                            Amount Requested

Mediation                          $4,000 – $5,000                                   $4,000

Temp Relief Motion           $3,500 – $5,000                                   $4,000

Trial                                   $15,000 – $20,000/day                       $15,000/day

Exceptions:
If sufficient funds are already held in trust and no major expenses are anticipated, an additional request may not be necessary.
Example: Client just hired us and paid $5,000, there is a motion in 45 days.  There is no need to request additional funds.

Responsibilities:

Paralegals must:
Communicate with Attorney:
At weekly file reviews, or if file reviews are skipped, weekly, paralegals are to look over files to catch any funds request events.
Talk to the attorney regarding the amount and due date according to the guidelines above

Communicate with Client:
For trials, use the “Letter to Client re Trial Costs” template in MyCase to calculate and communicate estimated costs.
Request approximately 80% of the estimated total trial cost.
Send client a text or message alerting them to review and that finance will be in contact with them about the funds request.
For mediation, use the “Mediation Information for Clients” or “ENE Information for Clients” template
Request the full amount of anticipated mediation cost
Send the client a text or message alerting them to review and that finance will be in contact with them about funds request
For all other requests
Send the client a text or message stating that Finance will contact them regarding a funds request for the event
Communicate with Finance:
Notify finance of the event, amount, and due date.
Communicate strategic case posture (settlement/trial) as soon as possible and no later than necessary to meet minimum due date standards.
Update the funds request task with relevant news, such as “we’re close to a settlement,” “we got a stipulation signed,” “we got a continuance and need to move due date,” or “trial seems likely.”

Finance Department must:
Generate and send funds requests based on paralegal instructions.
Set a task
include paralegal
include context on type of event, case posture, and any other details that will be helpful in the future.
set email reminders for yourself to send the client reminders on the following schedule:
1 day, 3 days, and 1, 2, 3, 4, 6, 8, 10, and 12 weeks prior to due date
Reminders to client need to be in three forms: MyCase reminder, text message, and phone call
All communication attempts and summary of calls or responses need to be updated in the comment section of the task.
Negotiate a payment plan with the client if necessary and if approved by the attorney
Monitor payment deadlines and follow up if necessary.
Communicate on status of payment with paralegals and attorneys. For example, if a client is making payments toward a request consistently, or if they are missing payments, or if they have made a plan for manageable installments.
If payment in full is not provided by the due date, follow up with attorney and paralegal immediately regarding withdrawal.