Category Archives: Public

How Third-Party Litigation Funding Can Help Attorneys and Clients Get Results

TownCenter Partners Litigation Finance

The time and expense involved in litigation has always made it difficult for litigants to persevere through the entire process.  This is especially true for litigants with few resources.  Long-standing common law doctrines such as champerty and maintenance have been applied to prohibit “intermeddling” by third parties who sought to help such litigants by offering financial assistance in return for a share of the recovery. The rationale for this prohibition was that financing by third parties encouraged unmeritorious litigation and could turn the legal process into an instrument for harassment.  But recent developments have shown that third-party litigation financing can provide substantial benefits to litigants and their counsel.  More importantly, it can promote justice by helping sustain meritorious cases that might otherwise never be pursued to their conclusion.

Power to the Plaintiff

Originally posted by Mighty.com

There is a great paradox in our civil justice system. In many cases, the moment a personal injury occurs, the defendant’s problems are entirely over while the plaintiff’s problems are just beginning.

Take Kara, who rear-ended the car in front of her after being distracted by her two-year-old in the backseat. Fortunately, her auto insurer will take care of everything: paying for damages, paying for any of her medical bills, and representing her in court if the injured party chooses to sue. Kara will walk away from her mistake without having her life interrupted, much less ruined. Indeed, if the person she hit sues, Kara may never even know.

How to Prevent the Waiver of Attorney-Client and Work-Product Privileges in a Litigation Funding Transaction

Litigation Finance Company TCP

One of the emerging problems related to third-party litigation funding arises when a litigant and its counsel provide information to a funder about the substance and viability of their case.  Providing such information is necessary, of course, for the purposes of evaluation and monitoring, but communicating that information to an outsider to the attorney-client relationship creates a risk of waiving the attorney-client or work product privileges.

Lawsuit Funding: Why liability insurers don’t like looking in the mirror

Originally posted by Mighty.com

I want to tell you about something that is repugnant. Or at least it was considered repugnant when it was first introduced in the late 1800’s. It’s called liability insurance, what we consider car insurance today. The idea that someone could do something bad and know that they could just walk away from it without any liability, offended many people’s sensibilities at the time. Not only that but many said it would encourage litigation, influence settlement negotiations and introduce a third party into lawsuits.