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A Questionable Practice

Paul Tetrault explains why agencies need to view bills to regulate litigation financing with caution.

By Paul Tetrault, JD, ARM, Aim | Updated on November 02, 2010

Many in the business community have grown wary of anything promoted as enhancing “access to justice,” as the phrase is often employed euphemistically in place of terms that may be more apt–such as “increased litigation” and “frivolous lawsuits.”

One practice that has been defended from criticisms as enhancing access to justice is litigation financing, also known as non-recourse litigation lending, in which third-party companies advance funds to plaintiffs in hopes of collecting, with interest of course, when the plaintiffs’ cases result in verdicts or settlements.

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