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The Comprehensive Guide to Litigation Finance

by | Jun 20, 2024

litigation funding

Here at Certum, we believe two things about litigation funding are true.

First, litigation finance can help litigants and law firms better achieve their legal and business goals by shifting the risk and expense of affirmative litigation.

Second, the funding process is too often too opaque, too long, and too complex.

In response to this challenge, we developed our Guide to Litigation Finance. This comprehensive resource is designed to bring clarity and simplicity to the litigation funding process, empowering litigants and law firms to navigate it with confidence.

The Guide provides a detailed walkthrough of the funding process, offering tips on how to secure funding for your case. It explains the various components of a term sheet, defines key terms, and provides insights specific to patent cases, ensuring that you are well-equipped to engage with potential funders effectively.

Our Guide also covers foundational concepts and definitions of litigation finance, giving you a solid understanding of its principles. It offers an overview of the funding process, outlining the key steps involved from application to disbursement.

For those seeking funding, the Guide offers a sample outline for a memo to litigation funders, guiding you on how to effectively present your case for funding consideration. Additionally, it provides a review of the key terms typically found in a litigation finance term sheet, helping you understand and negotiate the terms of your funding agreement.

Whether you are a law firm, in-house counsel, or an individual litigant, this guide is an essential resource that provides you with the information needed to make informed decisions about litigation finance.

Litigation funding has emerged as a powerful tool for leveling the legal playing field, particularly for smaller litigants or those with limited financial resources. By providing access to capital, litigation finance enables litigants to pursue their claims vigorously without the fear of being outspent by better-funded opponents. This not only enhances access to justice but also promotes fairness in the legal system.

Litigation finance also has significant strategic benefits for law firms. By offloading the financial risk of litigation to a third-party funder, law firms can take on cases that they might otherwise have to turn down due to financial constraints. This allows them to expand their practice areas, take on more complex cases, and ultimately grow their business. Offering alternative fee arrangements with funding also helps law firms better compete for clients. 

For businesses, litigation finance can be a valuable tool for managing legal costs and risks. By funding litigation through a third-party funder, businesses can avoid tying up their own capital in lengthy legal proceedings. This can be especially beneficial for companies facing financial challenges or looking to preserve cash for other strategic initiatives.

Litigation finance has the potential to transform the legal landscape by providing litigants and law firms with the financial resources they need to pursue meritorious claims. However, to fully realize its benefits, it is essential that the funding process is transparent, efficient, and accessible to all. Certum’s Guide to Litigation Finance is a step towards achieving this goal.


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