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 Missouri, 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. Missouri does not have specific statutes directly regulating litigation funding for general civil litigation, but the practice is generally allowed and operates under the principles of contract law. Funders and litigants must ensure that their agreements do not violate ethical rules, such as giving the funder control over the litigation or compromising the attorney's duty of loyalty and confidentiality. It is important for parties considering litigation funding to consult with an attorney to ensure that their funding agreements are legally sound and do not infringe on professional conduct rules.