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Litigation Funding by Elizabeth Pekin W hen James Sanders was injured in an automobile accident, he did what most people in his situation typically do. He asked his friend for the name of a good attorney. He sought the medical attention he needed and submitted all of his paperwork to his lawyer. As with most legal cases, his attorney informed him that he would receive a settlement within a few years.Unfortunately, the attorney was ethically barred from loaning money to Mr. Sanders while he waited for his case to settle. James was devastated. His medical bills were unpaid, he lost his job due to his extended sick time and his financial situation had never been worse. He couldn’t wait for the settlement. James needed money now! He needed to put food on the table for his family and avoid the eviction notice they had received. Fortunately, a relatively new cash flow business has arrived to help people like James during financial hardship – the litigation funding business. Litigation funding is a thriving business. Many people are familiar with litigation finance, which was born out of an intrinsic need for plaintiffs and their attorneys to maximize the value of their litigation. However, the funding market has evolved dramatically in recent times. Funding companies have realized the growing need for legal finance for commercial litigation firms and law firms as well as plaintiffs. In personal injury cases, plaintiffs often find themselves in a financial crunch. Often this bind forces them to seriously consider an early offer to settle their case. Unfortunately, this early offer is far less than what their case is actually worth. Litigation funding companies offer a cash advance so the plaintiff can meet his or her immediate needs and their attorney can work unencumbered to settle his or her client’s case for the maximum value. This arrangement benefits both the plaintiff and the attorney.These cash advances are nonrecourse, which means that if the attorney loses the case, or there is no cash award, the client does not owe the funding company anything. Brokers in the cash flow market have jumped head first into this exciting and profitable new market! The brokers are paid significant commissions immediately after the case is funded. Many of these brokers have limited or no legal background. Their obligation is simply to bring in business! Once the client is introduced to the funding company, the company will collect the documents it needs and underwrite the case. The broker is paid regardless of whether or not the case is successfully resolved. There are many different avenues brokers use to bring in business and the funding companies will often provide detailed guidance to assist the brokers, along with incentive programs and ongoing education. In addition to plaintiff cash advances, the litigation funding market has evolved over the past year. The newest services funding companies offer clients are commercial advances and law firm loans. Oasis Legal Finance has started a new division of their company, Oasis Capital Corporation, to handle this growing niche in the litigation finance industry. Successful litigation requires three things: a good case, talented and experienced counsel, and resources. Managing the expense and financial risk of commercial litigation can be a challenge for plaintiffs and lawyers alike, but it is a crucial part of successful litigation strategies.Commercial litigation is often complex and protracted. The capital investment required can stretch the resources of plaintiffs and law firms, preventing good outcomes for good cases. Financial partners are hard to find – until now. Funding companies are now providing financial risk management tools to plaintiffs and attorneys in many types of commercial litigation, including breach of contract, patent infringement, bankruptcy litigation, fraud and tortious interference cases. Such companies provide a solution by investing in strong cases and talented lawyers, sharing the risk associated with lengthy and expensive commercial litigation. Users of these products may include plaintiffs needing operating capital for their business to survive lengthy litigation or pay hard legal costs or fees. Law firms working on a contingency basis may want to hedge their risk in upfront costs against a case outcome, or ensure that clients can pay the fees and hard costs required to successfully conclude the litigation. One company involved in this type of litigation, Oasis Legal Finance, invests in cases by providing nonrecourse or limited-recourse advances and loans, both to plaintiffs, and to their law firms. This means that plaintiffs and law firms are only liable for repayment if the case is won by a trial verdict or a successful settlement. No interim payments to Oasis are ever required until the client has been paid from the proceeds of the case. Oasis acts as a third-party partner with plaintiffs and law firms, but has no legal interest in any cases. The rate of return for Oasis investments is based on the level of risk. Return on investment is often on the order of returns for venture capital investments. This ability to layoff risk or even survive as a business through protracted litigation is what makes these financial products such an attractive alternative. Some of the litigation finance companies have the backing of institutional capital sufficient to serve the substantial financial needs of complex commercial litigation. The companies can provide as much as $10,000,000 in commercial lawsuit advances.Oasis currently has active investments in all major areas of commercial litigation, including breach of contract, patent infringement and intellectual property, and bankruptcy. It is never too late to learn a new business or to expand your cash flow portfolio with a new investment product. To learn more about Oasis Legal Finance for plaintiff cash advances, visit www.oasislegal.com. To learn more about Oasis Capital Corporation and our services for commercial litigation financing, visit http://www.oasiscapitalcorp.com or call our toll free number, 1-888-529-1211. EP ELIZABETH PEKIN is an attorney and the Broker Manager for Oasis Legal Finance. She has published many articles about legal funding and can be reached to discuss all aspects of the Oasis broker program.Please call her at: T: 847-521-4412 F: 847-521-4444 E mail: epekin@oasislegal.com Web site: www.oasislegal.com |
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