FAQ
Attorneys.
This FAQ outlines how attorneys and law firms collaborate with Beplace in financing transactions. It includes information on engagement and communication.
|Engagement.
What is the difference between financing execution for borrowers and for attorneys?
Financing execution refers to managing every task required to secure financing in high-stakes transactions. This process is borrower-led, meaning that regardless of whether a borrower engages Beplace, we manage the full scope of execution-related tasks. No attorney-client privilege applies, as privilege does not extend to these business and financial execution services.
In contrast, financing execution for attorneys refers to managing any task required to secure financing in high-stakes transactions while assisting Borrower Attorneys in litigation or legal representation. In these attorney-led engagements, Beplace operates within the Borrower Attorney’s legal framework. Attorney-client privilege may apply only if structured accordingly under Kovel principles in Legal Advisory Support; and work-product protection may apply only if structured accordingly in Litigation Support, where materials are prepared in anticipation of litigation.
This distinction ensures compliance with privilege protections, ethical rules, and regulatory requirements governing legal and financial services. If these protections are not explicitly defined within the engagement, Beplace communications may remain unprivileged. Borrowers and attorneys should carefully structure engagement terms to ensure compliance with privilege protections and legal requirements.
How does Beplace engage with attorneys in legal matters?
Beplace works with Borrower Attorneys under two distinct engagement structures: First, in Legal Advisory Support, we offer financing execution within the context of legal representation, which may extend attorney-client privilege under Kovel principles, if properly structured. Second, through Litigation Support, we assist Borrower Attorneys with financing execution related to disputes, where work-product protection may apply if explicitly structured in anticipation of litigation. Absent these explicit structures, Beplace’s communications may remain unprivileged.
What are the advantages of engagement by an attorney or law firm?
When Borrower Attorneys engage Beplace, financing execution is seamlessly integrated into legal strategies. In Litigation Support engagements, Beplace provides financing execution relevant to the dispute, assisting Borrower Attorneys with tasks that align with litigation strategy. This is particularly valuable in litigation-driven financing scenarios, such as disputes with lenders, affirmative claims, or structured settlements. In Legal Advisory Support engagements, Beplace operates within the attorney-client framework, assisting Borrower Attorneys with financing execution as part of broader legal representation. Beplace also works closely with legal teams in bankruptcy proceedings, where financing terms are crucial to restructuring plans. In cases involving receivership or asset recovery, Beplace ensures effective coordination between legal, financial, and operational considerations to support the overall strategy.
Can attorneys or law firms engage Beplace on behalf of a client?
Yes. Borrower Attorneys can engage Beplace directly for Legal Advisory Support or Litigation Support, depending on their legal strategy. However, Beplace does not provide legal services and operates strictly as a financing execution firm. Any engagement within a legal framework must be explicitly structured to define privilege considerations and the scope of Beplace’s role.
Can attorneys or law firms refer clients to Beplace without engaging directly?
Yes. Attorneys can refer clients to Beplace through an Attorney Referral. In this structure, a borrower engages Beplace directly and becomes our client. Consequently, we can only share updates with the referring Borrower Attorney if explicitly authorized by the borrower.
Can attorneys introduce Beplace to their clients?
Yes. Attorneys may introduce Beplace to their clients through an Attorney Referral, in which case the borrower engages Beplace directly. When an Attorney Referral occurs, the borrower becomes Beplace’s client, and Beplace can only share updates with the Borrower Attorney if explicitly authorized by the borrower.
Can Beplace assist with documentation or analysis for legal proceedings?
Yes. Beplace can compile structured transaction records, financial data, and underwriting reports to support legal teams. However, Beplace does not serve as an expert witness or provide legal testimony. Work-product protection only applies if materials are prepared explicitly at an attorney’s direction in anticipation of litigation. Otherwise, Beplace’s documentation and analyses remain unprivileged.
|Communication.
If an attorney engages Beplace, can the borrower communicate with Beplace directly?
Yes, but the extent of direct communication between Beplace and the borrower depends on the engagement structure. In a Legal Advisory Support engagement, Beplace only coordinates with the borrower within the attorney-client framework under the Borrower Attorney’s direction. In a Litigation Support engagement, Beplace communicates with the borrower strictly under the direction of the Borrower Attorney for tasks that support litigation strategy. In all cases, Beplace does not act independently in legal matters and follows the Borrower Attorney’s direction to ensure compliance with privilege and legal protections.
If an attorney introduces Beplace, can Beplace keep the attorney informed?
No. In an Attorney Referral, the borrower engages Beplace directly as the client. Beplace can only share updates with the Borrower Attorney if explicitly authorized by the borrower.
How does Beplace coordinate with legal counsel in borrower-initiated engagements?
Even when a borrower engages Beplace directly, we can work closely with their attorneys to ensure financing efforts do not conflict with legal proceedings or contractual obligations. However, Beplace’s communications with legal counsel do not automatically receive attorney-client privilege. Our role is strictly financing execution, and any privilege considerations must be explicitly structured within the legal framework.
|Have more questions?
For more answers on other topics, visit our general FAQ page.