Finding Pro Bono Representation for Your MCA Dispute
Getting caught in a dispute with a merchant cash advance (MCA) provider can be stressful. Many small business owners sign MCA agreements without fully understanding the terms and get caught off guard by the high repayment rates and fees. If you find yourself in an MCA dispute, getting legal help can be critical, but lawyers are expensive. Thankfully, there are options for free and reduced-cost legal aid. This guide covers the best ways to find pro bono (free) legal representation for MCA disputes.
Reach Out to Legal Aid Organizations
Legal aid organizations provide free legal services to people who cannot afford a lawyer. Here are some legal aid groups that may be able to help with an MCA dispute:
- Legal Services Corporation – A federally-funded program that distributes grants to local legal aid groups. Use their locator tool to find a legal aid office near you.
- Public Counsel – The largest pro bono law firm in the nation. Based in Los Angeles but may be able to provide referrals. Call them at (213) 385-2977.
- New York Legal Assistance Group (NYLAG) – Provides free civil legal services to low-income New Yorkers. Call their legal hotline at (212) 613-5000.
When you contact these organizations, explain that you need pro bono representation for a dispute with a merchant cash advance company. Detail the specifics of your situation and bring any paperwork you have. If the legal aid office cannot take your case themselves, they can likely refer you to other low bono or pro bono resources.
Look Into Law School Clinics
Many law schools operate legal clinics where law students provide free legal services under attorney supervision. This hands-on experience benefits the students while providing pro bono assistance to those in need. Contact law schools in your area to see if they have clinics that can help with an MCA dispute. Emphasize that you cannot afford legal fees and are in need of pro bono assistance.
Search Attorney Databases
There are also databases that help connect low-income clients to pro bono lawyers. The best known is Pro Bono Net, which features an attorney directory, case referral tools, and other resources. Based on your location and legal issue, Pro Bono Net can match you with nearby lawyers who may be willing to take on an MCA case pro bono.
Other helpful databases include Avvo, the ABA Free Legal Help Connect portal, and state-specific pro bono referral services.
Ask Lawyers Directly
Don’t be afraid to contact lawyers directly, explain your situation, and request pro bono assistance. Many attorneys take on a certain number of pro bono cases each year. When making these requests:
- Focus on small law firms and solo attorneys, who tend to have more flexibility than big firms.
- Emphasize the injustice of your situation and that you cannot afford legal fees.
- Offer to cover filing fees or other minor costs if possible.
- Note if your case seems straightforward and will not take excessive time.
- Follow up any verbal agreements with a formal written agreement covering the scope of services.
An initial consultation with a lawyer may also be done pro bono or on a sliding-scale fee. This could provide enough basic advice to resolve your MCA dispute, or give you a stronger case for pro bono representation.
Negotiate Limited-Scope Representation
If an attorney is unwilling or unable to work on your MCA case entirely pro bono, you may be able to negotiate a limited scope arrangement where you only pay for certain services. For example:
- Review key documents and provide advice
- Draft demand letters or court filings
- Coach you through self-representation
- Make court appearances while you handle everything else
Any work the lawyer does can improve your chances of getting a fair settlement or court ruling. Be creative in finding ways to stretch available funds and get the legal help you need.
Act As Your Own Lawyer
If you have no luck obtaining pro bono legal aid, acting as your own lawyer (pro se representation) may be your only remaining option. While inadvisable, many people represent themselves in legal disputes out of necessity. If you go the pro se route, make sure to:
- Research the laws and court rules applicable to your case
- Draft persuasive demand letters citing relevant legal violations
- Study up on negotiation tactics
- Use legal aid self-help resources for document templates
- Consider paying a lawyer for limited services like advice or document review
