Regulations in Litigation Finance

Distinguishing between consumer and commercial regulations

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As a result of the growth of the litigation finance industry, regulations have emerged in certain states protecting consumers from litigation funders who extend cash advances to plaintiffs awaiting settlement payouts. As the industry has boomed, at least 11 states have adopted laws regulating some aspects of the business of extending cash advances to plaintiffs awaiting settlement payouts. However, commercial litigation finance has rarely been implicated in these regulatory measures.

However, in the United Kingdom, the Ministry of Justice commissioned a Code of Conduct for commercial litigation funders that was published by the Civil Justice Council in November 2011. This Code of Conduct outlined transparency, control, and privilege matters that members of the Association of Litigation Funders in the United Kingdom stood by.

In the United States, the Commercial Litigation Finance Association emerged as the foremost litigation finance association for commercial funders enacting self-regulatory measures to ensure the ethical growth of the industry. Legalist is a proud member of the Commercial Litigation Finance Association, and urges plaintiffs and attorneys to seek financing only from other members for a guarantee of ethics and transparency.

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