ADVERTISEMENT



Google       

Home -> Law Blog Directory -> Ethics Blogs -> Legal Ethics Forum

OR PHONE (866) 635-1838 for Bankruptcy Help, (866) 635-6190 for Divorce,
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense

Find a Local Lawyer

Bankruptcy (866) 635-1838
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402

Bookmark

Ethics

: Legal Ethics Forum

The MIssing Piece in the Times Story on Litigation Funding

ADVERTISEMENTS

Today's story reports the situation of several borrowers who took money from litigation funding companies (LFCs) and wound up having to pay big sums once they collected in court.

The story reports that the LFCs, while willing, even eager, to accept regulation, resist caps. Of course, caps are the way to avoid excess return, which is THE problem the story identifies -- why the story IS a story.

But devising a formula for caps will be difficult given the different levels of risk LFCs assume in different cases. And we have plaintiffs with different degrees of sophistication, suggesting need for different levels of market regulation.

Missing from the article is recognition that that today, without LFCs, we still have an unregulated market in which the needy plaintiff can sell her claim at a discount. It is called settlement and the claim can only be sold to one buyer, the defendant, who will also want a big discount, bigger if the plaintiff is especially in need.

So, for example, the plaintiff with a good chance of recovering $50,000 in two years might, in desperation take half in settlement now. The 'return' to the defendant is higher than it would likely be for the LFC (the defendant "earns" 100% across two years).

And today the defendant is in a great position. It has no competition in the market for the plaintiff's claim if there  is no LFC. Nor are there caps on the amount of discount the defendant can demand to settle.


Full post as published by Legal Ethics Forum on January 17, 2011 (boomark / email).

Bloggers, promote your law blog by nominating your blog for inclusion in USLaw.com's Law Blog Directory and RSS Reader. Benefits described.
Related Law Articles

Lawsuits and Settlements

Related Searches

























































































































US Law
#1 Online Legal Resource













Your Blog Subscriptions
Subscribe to blogs

10,000+ Law Job Listings
Lawyer . Police . Paralegal . Etc
Earn a law-related degree
Are you the author of this blog? Adding USLaw.com to your Blogroll increases relevance. You qualify to display a USLaw Network badge.
Suggest changes to this blog's description or nominate another for inclusion. Register for updates.


Practice Area
Zip Code:

Contact a Lawyer Now!






0.0025 secs (from cache 11/01/26 00:54:22)