The RSC contingent advance is made to the plaintiff. Because this advance may be obtained to pay for costs associated with the litigation, the monies may be forwarded to the attorney on behalf of the plaintiff. Advances can be forwarded in one lump sum or paid in installments. Champerty and maintenance are old legal principles designed to discourage frivolous and non-meritorious litigation. Historically, third parties were prohibited from financing another's lawsuit.
Some states still have, and enforce, statutes that prohibit such involvement.
However, most states have joined the modern trend of rejecting these obsolete prohibitions. A loan requires absolute obligation to repay at a specific time certain. RSC advances money to plaintiffs on a purely contingent basis. As such, the advance is not a loan. Usury laws apply only to loans.