Boaz Weinstein
I recently had the pleasure of participating in a panel discussion on litigation finance hosted by the Association of Business Trial Lawyers in Ojai, California. The audience was engaged and asked a variety of questions, including many on ethical considerations related to litigation finance. Since this topic seems to be top of mind for lawyers when it comes to litigation finance, we offer the following sample Q&A:
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Champerty, maintenance, and barratry are related doctrines that trace their roots back to medieval England. The United States Supreme Court has succinctly described the three doctrines as follows: “Put simply, maintenance is helping another prosecute a suit; champerty is maintaining a suit in return for a financial interest in the outcome; and barratry is a…
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As we discussed in our article on the process of securing commercial litigation finance, the first step in the litigation finance process typically involves a decision by a company, perhaps with its counsel, that it makes sense to explore whether litigation finance is an attractive option. Let’s view this from counsel’s perspective. Imagine the following…
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As we discussed in our articles on the process of securing commercial litigation finance and claim valuation, litigation funders perform due diligence on potential investment opportunities, including evaluating the merits of the claim, the likely damages, the likely duration of the claim, and other factors. This diligence process typically includes the exchange of documents and…
Read MoreThe best way for companies and their counsel to determine if litigation finance is an attractive option is to discuss it with us.
Lee Drucker drucker@lakewhillans.com
