FAQs

Litigation Finance is a type of investment that permits a party in litigation or its attorney to receive funds now on account of that interest in the litigation claim.  The litigation finance investment is “non-recourse,” meaning that if the litigation claim results in no monetary recovery, the litigation funder recoups nothing on its investment.

Typically, no.  Funding may be used to pay for legal fees and costs of the litigation, for working capital, or for personal needs.

If the funded claim is not successful (for example, it does not result in a settlement, it is dismissed with prejudice, or results in a judgment or verdict of $0), the funding recipient owes Argo Partners nothing and we receive nothing.  If the case settles for less than Argo Partners’ investment, Argo Partners would typically be entitled to receive the settlement proceeds but nothing more, and thus would take a loss.  Litigation funding is not a loan; it does not impose an unconditional obligation on the recipient to pay Argo Partners back.

Yes, all the time.  Typically, this arises where an attorney or law firm seeks non-recourse litigation funding for working capital or other needs, and offers a portfolio of pending litigation engagements as collateral for the funds.  In this instance, Argo Partners offers cheaper terms for its funding than in a single-case investment, typically through the use of a very low monthly interest rate.

Argo Partners takes these valid concerns very seriously.  Prior to receiving any non-public information about a case, we enter into a non-disclosure agreement with prospective funding recipients. Additionally, we are mindful of the limits of the reach of the attorney-client privilege, while recognizing that the attorney work product doctrine has been held time and time again to extend to third party litigation funders, particularly where an NDA is in place. Like any respectable funder, we keep these considerations top of mind when working with potential litigation funding recipients.