Litigation Finance for Cases on Remand

By John Freund |

We all know that civil litigation takes time. Some cases can take hundreds of thousands of dollars and years to reach completion. The average time for a civil case is on a steady rise, and COVID-related delays impact that even more.

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An LFJ Conversation with Michael Kelley, Partner, Parker Poe

By John Freund |

We all know that civil litigation takes time. Some cases can take hundreds of thousands of dollars and years to reach completion. The average time for a civil case is on a steady rise, and COVID-related delays impact that even more.

Omni Bridgeway details that they are typically approached about funding cases early in the process. But what happens when a case is remanded or goes dramatically over the allotted funds or time frame? That can stop even the most meritorious cases in their tracks. That’s when litigation funding can come to the rescue.

When a dispute is remanded to a lower court, it’s an opportunity to employ litigation funding. Funders benefit from existing rulings, and the clarity added during the beginning of the legal process can only serve to benefit funders and clients. Sometimes a case that’s further along is more attractive to funders than a case that’s just getting off the ground.

While many clients and even lawyers only consider funding from the outset of a case—there are steps along the way that could benefit from an influx of funding. When the merits are strong but the cash flow isn’t, litigation funding can make all the difference in who sees access to justice and who doesn’t.

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