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 Utah, 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 on a non-recourse basis, meaning that the funder will only be repaid from the proceeds of a settlement or judgment if the litigation is successful. Utah does not have specific statutes that regulate litigation funding in a comprehensive manner. However, the practice is subject to general legal principles and contract law. Additionally, ethical considerations for attorneys involved in such arrangements are governed by the Utah Rules of Professional Conduct, which require transparency and client consent, and prohibit attorneys from giving up control of the litigation to the funder. It is important for parties entering into a litigation funding agreement in Utah to ensure that the terms of the agreement are clear and that they comply with all applicable laws and ethical rules.