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 Oregon, 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. Oregon does not have specific statutes directly regulating litigation funding for general civil litigation, but such arrangements must comply with general state laws on contracts, lending, and professional conduct. Attorneys involved in litigation funding must adhere to the Oregon Rules of Professional Conduct, which require them to maintain client confidentiality, avoid conflicts of interest, and ensure that the client retains control over the litigation. Additionally, the attorney cannot share legal fees with a non-attorney, which includes third-party funders, as per the rules governing attorney conduct.