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Civil litigation

litigation funding

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 South Dakota, 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 is repaid from the proceeds of a settlement or judgment if the case is successful, and receives nothing if the case is lost. South Dakota does not have specific statutes directly regulating litigation funding for general civil litigation. However, the practice must comply with general state laws on contracts, lending, and usury to ensure that the agreements are legal and enforceable. Additionally, ethical rules for attorneys in South Dakota may impose certain restrictions on the involvement of third parties in litigation, particularly concerning issues of professional independence and client confidentiality.

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Civil litigation

litigation funding

Individual & Family Legal Plan

Articles

South-Dakota State Code

South-Dakota State Code

Civil litigation

litigation funding

Articles