Litigation funding—also known as litigation financing or third-party litigation funding (TPLF)—provides a person or entity with the money to pay attorney fees, expert witnesses, and other costs necessary for litigation. Litigation funding is essentially a loan, secured by the proceeds of the expected settlement or collection of judgment in a lawsuit, and is designed to allow persons or entities without the necessary resources to pursue valid claims in litigation.
In Florida, litigation funding, also known as third-party litigation funding (TPLF), is a practice where a third party provides financial assistance to a litigant to cover legal expenses such as attorney fees and expert witness costs. This funding is typically non-recourse, meaning that the funder will only be repaid from the proceeds of a settlement or judgment if the litigation is successful. While Florida does not have specific statutes directly regulating litigation funding for all types of cases, the practice is generally allowed and recognized by the state's legal system. However, the Florida Bar has issued ethical guidelines that attorneys must follow when dealing with litigation funders, including maintaining client confidentiality and ensuring that the funding arrangement does not interfere with the attorney's independent judgment or the client-attorney relationship. Additionally, in certain types of cases like personal injury, there are regulations that may apply to litigation funding agreements, and disclosure of such agreements may be required under certain circumstances.