Month: March 2026

By: Julia Saunders

The Compassionate Counsel Award is about more than legal excellence. It’s about recognizing attorneys who lead with empathy, integrity, and an unwavering commitment to their clients. 

Trial lawyers play a unique and powerful role in our justice system. They are not only advocates in the courtroom but also trusted guides for individuals navigating some of the most challenging moments of their lives. For many plaintiffs, the legal process is long, complex, and emotionally taxing. The attorneys who stand out are those who understand that their role goes beyond legal strategy—they show up with compassion. 

What Is Compassionate Counsel? 

The Compassionate Counsel Award honors attorneys who exemplify the values of fairness, empathy, and justice—both inside and outside the courtroom. 

These are attorneys who: 

• Put their clients’ wellbeing first, even beyond legal outcomes 

• Demonstrate empathy and humanity alongside strong legal advocacy 

• Uphold the highest standards of integrity in pursuit of justice 

• Recognize the real-life challenges plaintiffs face during litigation 

Whether helping a client navigate financial stress, connecting them with resources like pre-settlement funding, or simply taking the time to listen and support, compassionate counsel understand that their clients are more than just cases—they are people. 

Why This Recognition Matters 

For many plaintiffs, the time between filing a case and reaching a resolution can be one of the most difficult periods of their lives. Lost income, the need for childcare, food, transportation, and other everyday expenses can quickly create financial strain. 

This is where the broader ecosystem—including ethical consumer litigation funding—plays a role. But just as important are the attorneys who recognize these challenges and advocate for their clients holistically. 

The Compassionate Counsel Award shines a light on those attorneys who go above and beyond—who not only fight for justice, but also ensure their clients feel supported, respected, and understood throughout the process. 

Celebrating Leadership in the Plaintiff Bar 

By recognizing attorneys who embody these values, The Milestone Foundation aims to celebrate leaders within the plaintiff bar and inspire others to approach their practice with the same commitment to compassion and integrity. 

These individuals are setting a higher standard—one that prioritizes people alongside outcomes. 

Help Us Recognize Compassionate Counsel 

We invite you to help us shine a spotlight on attorneys who truly make a difference. 

If you know an attorney who embodies fairness, empathy, and a client-first approach, we encourage you to submit a nomination. 

Nominate an attorney here: http://bit.ly/4lNhZIl 

By: Rachel McCarthy & Tabitha Woodruff

New York’s new Consumer Litigation Funding Act marks an important step toward reforming an industry that has long operated with limited oversight and, in many cases, at the expense of the very people it was meant to help. 

Set to take effect in June, the law introduces stronger consumer protections, including plain-language contracts and a cap preventing funders from taking more than 25% of a plaintiff’s settlement or judgment. These changes represent meaningful progress—but they are only the beginning. 

Why Litigation Funding Exists 

Litigation funding was originally designed to serve as a financial bridge for plaintiffs navigating the often lengthy legal process. Pre-settlement and post-settlement funding provides support for everyday living expenses—not legal fees—so individuals can maintain stability while pursuing their case. 

For many plaintiffs, especially those from low- and middle-income households, the alternatives are limited: 

• Accept a lower settlement early just to cover immediate expenses
• Take on high-interest debt 
• Risk their financial security while waiting for a case to resolve 

In these moments, funding can be a lifeline. But without proper safeguards, it can also create new financial burdens. 

The Problem with For-Profit Funding 

Today, the litigation funding landscape is largely unregulated at the federal level. For-profit funders often charge annual percentage rates ranging from 30% to over 100%, far exceeding traditional lending products like credit cards. 

Because these advances are non-recourse—meaning repayment is only required if a case is successful—many lenders operate outside traditional consumer protection laws. This structure allows them to impose complex and often excessive repayment terms on plaintiffs who are already in vulnerable situations. 

What This Looks Like in Practice 

Consider three hypothetical families who each receive a $10,000 advance while waiting for their case to resolve: 

Family A (15% simple interest): Owes $14,500 after three years 

Family B (30% compounded): Owes approximately $24,325 

Family C (50% compounded): Owes over $43,000 

While these scenarios are illustrative, they reflect a broader reality: high-cost funding can significantly reduce the financial recovery plaintiffs ultimately receive—limiting their ability to rebuild after a difficult experience. 

What the New Law Changes 

The Consumer Litigation Funding Act introduces several important protections, including: 

• A cap limiting funders to 25% of a settlement or judgment 
• Clear disclosure requirements in plain language 
• A 10-day right of rescission for consumers 
• Registration and oversight by the New York Department of State 
• Restrictions on misleading practices and interference in legal decisions 

These measures bring much-needed transparency and accountability to the consumer litigation funding industry. 

Where More Work Is Needed 

Despite this progress, key gaps remain. 

The law does not place limits on interest rates or fully regulate the fees that can be charged—leaving room for practices that may still disadvantage plaintiffs. As policymakers continue to evaluate the industry, these areas will be critical to address to ensure comprehensive protection for plaintiffs.  

A Better Path Forward 

Pre-settlement and post-settlement funding should serve its original purpose: providing plaintiffs with the financial stability they need to pursue justice—not creating additional financial strain. 

At The Milestone Foundation, we believe there is a better way. As a nonprofit litigation funder, our model is designed to provide fair, transparent support without prioritizing profit. Our goal is simple: to ensure that no one has to choose between their financial stability and their right to seek justice. 

Looking Ahead 

New York’s new law is a meaningful step forward—but it is not the finish line. Continued reform, oversight, and innovation are essential to creating a system that truly works for plaintiffs. 

Because access to justice should never depend on the ability to afford the wait. 

By: Shawn Scampoli

The Boy Scouts of America bankruptcy settlement brought long awaited progress for survivors. However, most claimants have only received an initial payment, roughly 1.5% of their total anticipated settlement.

In January 2026, the United States Supreme Court denied the plaintiffs’ Petition for Writ of Certiorari and will not be hearing further appeals related to the BSA bankruptcy plan. That decision keeps the current bankruptcy structure and Settlement Trust in place. While it removes one layer of legal uncertainty, there are still unanswered questions about when the next disbursement will occur and how much it will be.

Unfortunately,  this ongoing uncertainty has made it difficult for many survivors to obtain pre-settlement or post-settlement funding as  most funding providers need clearer timelines and projected payout amounts before approving advances.

Why Upcoming Trust Updates Matter

Any new information about the timing or size of the next distribution could directly impact funding approvals. Simply put, clearer numbers reduce risk for funders, and when risk is reduced, access to funding improves.  In many cases, the difference between an approval and a denial comes down to how much is known about the next expected disbursement.

Please Speak With Your Attorney

If you are considering seeking funding, consider discussing the following with your attorney before accepting any funding options:

• Any recent trust updates.
• Projected timing and the expected percentage of the next disbursement.
• Review any funding agreement with your attorney before making a decision.

Staying informed and working with your attorney is essential to making sure that you and the settlement you are entitled to are protected while the court determines its next steps for disbursement

The Milestone Foundation Is Here to Help

As more clarity becomes available regarding future BSA distributions, funding opportunities may improve. If you or your attorney would like The Milestone Foundation to review your situation, the Foundation is available to evaluate your claim and determine whether assistance may be possible.

As a nonprofit pre-settlement funding organization, The Milestone Foundation’s goal is to provide ethical, low-cost financial support to plaintiffs navigating long legal processes.

For qualifying claims, The Milestone Foundation offers a 10% simple interest post-settlement rate, which is the lowest in the industry. Interest is not compounded, and each case is reviewed individually based on the most current information available from the Trust. The interest is reinvested back in our fund, empowering the Foundation to support more plaintiffs like you.

Funding amounts depend largely on the anticipated size of the next disbursement. As the court shares more details, The Milestone Foundation remains hopeful that additional plaintiffs may become eligible for assistance.

There is no obligation to apply, and all case reviews are confidential.