Sharing documents with a litigation funder is an important part of seeking funding for your claim. Part of the funder’s decision process is based on your attorney’s due diligence of the documents you provide. Equally important is preserving the confidentiality of the documents and abiding by the rules of the Work Product Doctrine in the jurisdiction where your case will be filed. Protecting your documents from discovery is critical. Not all jurisdictions have the same protections. Your lawyer will know the rules and you should be aware of them, too.
Stature, history and perhaps a bit of mystery. The name Bentham IMF combines
two of the most well-known and recognized names in commercial litigation finance.
It took two legal entrepreneurs in Australia to develop the first model for litigation finance. Hugh McLernon and John Walker are recognized by The American Lawyer Magazine recognized McLernon and Walker as one of the 50 top innovators in the legal industry in the past 50 years.
Say it isn’t so, or say it is so. Two hundred years ago and even more recently, litigation funders
were considered ruthless scoundrels and access to justice was limited to only those who could
afford the high costs of litigation.
Whether or not the American legal market is ready for commercial litigation funding, it is here and here to stay. Although commercial litigation finance may be new in the States, Bentham IMF’s parent, Bentham IMF Ltd, is the world’s most experienced commercial litigation funder and has been funding cases in Australia and around the world since 2001.
