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Litigation Financing: Balancing Access with Fairness

Litigation Financing: Balancing Access with Fairness AbstractLitigation financing of plaintiffs by financiers other than the law firms representing the plaintiffs in the litigation is now a multi-billion-dollar industry. Contrary to assertions by advocates for such litigation financing, such litigation financing does not increase fairness and justice to poor and middle-class victims. Instead, it creates substantial problems beyond any associated with standard contingent-fee agreements between plaintiffs and the lawyers who represent them.This article describes the multiple ways in which the litigation-financing industry harms poor and middle-class tort plaintiffs and generates inefficient uses of judicial resources and jurors' time. It then recommends actions that courts can take to reduce those problems. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Journal of Tort Law de Gruyter

Litigation Financing: Balancing Access with Fairness

Wheeler, Malcolm E.; Benz, Theresa Wardon
Journal of Tort Law , Volume 13 (2): 21 – Nov 18, 2020
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Publisher
de Gruyter
Copyright
© 2020 Walter de Gruyter GmbH, Berlin/Boston
ISSN
1932-9148
eISSN
1932-9148
DOI
10.1515/jtl-2020-2007
Publisher site
See Article on Publisher Site

Abstract

AbstractLitigation financing of plaintiffs by financiers other than the law firms representing the plaintiffs in the litigation is now a multi-billion-dollar industry. Contrary to assertions by advocates for such litigation financing, such litigation financing does not increase fairness and justice to poor and middle-class victims. Instead, it creates substantial problems beyond any associated with standard contingent-fee agreements between plaintiffs and the lawyers who represent them.This article describes the multiple ways in which the litigation-financing industry harms poor and middle-class tort plaintiffs and generates inefficient uses of judicial resources and jurors' time. It then recommends actions that courts can take to reduce those problems.

Journal

Journal of Tort Law – de Gruyter

Published: Nov 18, 2020

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