An Introduction to Litigation Finance
An original article posted on AmericanBar.org, dated July 26, 2019 and written by David Shack.
A Common Problem
We live in a world where access to justice often depends on access to capital. Many claimants face insurmountable challenges due to a lack of economic resources and, regardless of the merits of their claims, find themselves unable to receive the justice they deserve. The ever-rising cost of litigation often provides well-capitalized defendants with an overpowering weapon: financial asymmetry.
Many defendants often engage in costly wars of attrition, the primary intent of which is to exhaust and overwhelm plaintiffs with limited resources. What may result is the deferral or total abandonment of legitimate claims of plaintiffs unable to maintain financial stability throughout the course of litigation. Under these circumstances, outspent individuals or companies need a strategic way to rebalance the scale in their challenge to remain on level footing with well-capitalized defendants.
A Modern Solution
Accordingly, plaintiffs need a partner to help monetize the outcome of their claims, in order to afford all the associated costs. Litigation finance enables just that––it helps to make justice accessible to claimants who otherwise might lack the resources to attain it.
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