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 Ohio, 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 Ohio does not have specific statutes directly regulating litigation funding, the practice is generally permitted under the state's legal framework. However, the Ohio Rules of Professional Conduct impose certain ethical obligations on attorneys regarding third-party funding, such as the duty to maintain client confidentiality and the prohibition against giving third parties control over the litigation. Additionally, the terms of litigation funding agreements may be subject to general contract laws and consumer protection statutes in Ohio. It is important for parties considering litigation funding to consult with an attorney to ensure that any agreement complies with applicable laws and ethical standards.