Litigation Funding Series: Litigation Q&A And Special Considerations For Distressed Fundees

Much attorneys Jonathan Friedland and Jeremy Waitzman provide this article as part of a series from their guide for plaintiffs and commercial litigators seeking funding in the United States. View the guide in its entirety (including endnotes).

Is There a Concern That Information Shared by a Fundee with a Funder Will Be Used by the Defense in the Funded Litigation?

Yes, it is an issue that should concern any litigation, but certain legal doctrines may protect information shared between a fundee and a funder from discovery. Understanding the issues and circumstances will enable a fundee to avoid problems.

The Attorney-Client Privilege and The Common Interest Doctrine

A funder should generally not ask a prospective fundee for copies or even summaries of attorney-client communications. That said, sharing may be acceptable once the formal relationship is consummated, depending on where the litigation is taking place.