Access: The effective funding request

For both the plaintiff and his or her attorney, the question naturally arises as to what and in what form one must provide information, evaluations and documents to a litigation funder. But first, let's take a step back.

In the first place, it should be clarified whether a claim is suitable for litigation funding and whether a litigation financier is interested in it. After an initial selection of funders (see the blog "Which Litigation Funder?"), it is recommended that you pick up the phone and call the funder. Describe your case to the lawyer responsible for the legal area and you will get a first statement about it. By this you will avoid unnecessary work and the frustration of a standard rejection. The person there will also tell you what documents they would like from you and in what form.

Basically, the following applies: The litigation funder needs all the information that is important to get a full picture on the claim. This also includes the history of the claim, i.e. from which facts of life does it result and what has already happened in the past. Do not withhold any information relevant to the evaluation of the claim or provide it "in bits and pieces". This complicates the assessment and prolongs it unnecessarily.

In a first step, the company receives a draft of the claim with the essential attachments or a lawyer's opinion on the prospects of success and the risks. Invoice receipts and similar documentation are not to be sent, especially when they are extensive. What is important, however, is the complete preliminary correspondence with the opponent, legal and technical expert opinions (without attachments), preliminary court decisions (e.g. on legal aid) as well as information on the amount of damages and - if available - on the financial standing of the debtor.

Furthermore, the litigation financier will ask questions and, if necessary, request further documents. Remember: a litigation funder is not a legal protection insurance, but a financier who wants to be convinced of the chances of success of your claim.

I advise you to ask not only one funder, but at least two or three. Let the companies know this and ensure exclusivity (if requested) only for a limited period of time (weeks, not months) and only if the financier invests money himself for the purpose of verification, e.g. in an external expert opinion. Agree on deadlines by when you will receive initial feedback and by when you expect a decision.

I will be happy to support you in compiling the documents and correspondence with the reviewing company(ies).