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 Georgia, 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. The funding is typically provided in exchange for a portion of the settlement or judgment proceeds. Georgia does not have specific statutes that regulate litigation funding for all types of cases; however, the practice is generally allowed and operates under the principles of contract law. The Georgia Supreme Court has recognized the validity of litigation funding agreements in certain contexts, provided they are not found to be champertous or in violation of public policy. It is important for parties entering into such agreements to ensure that the terms are clear and that the agreement complies with any applicable laws, including professional conduct standards for attorneys regarding client financing arrangements.