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An Introduction to Litigation Funding (Claimant’s Version). Part 3: LFAs At this point, your solicitors will put a draft LFA in front of you and say you have “no choice” but to sign it or else abandon your claims. They will also say it’s a “form document” and not up for negotiation. These are both enabling falsehoods. Remember, if you sign, the lawyers start getting paid from the funders. Actions follow incentives. At least the first drips … They want you to sign, but do you? Also, it is likely the ‘nice guy’ claimant-facing person at the funder is verbally assuring you that if the claim ends up being determined for a lower value, they’ll “work things out” because the industry “always takes care of claimants with a fair (read 40-50%) share”. This is a lie, anything not in writing is worth zero and anything in writing 50/50 at best. - Beware the budget (it’s too small, and the lawyers are ‘in charge of managing it’) - Beware personal guarantees (never, never) - Beware arbitration clauses (beware courts that favor funders, as well) - Beware security liens (ask your personal lawyer or Google it) - Beware trust clauses and undertakings (funders love injunctions) - Beware choice of lawyers clauses - Beware the offer to “help” with the claim - Beware “independent KC” clauses (who pays for barristers and why are rates for all lawyers so high?) ***Ensure that the claims remain in the claimant’s full control (more on this later) and that tampering and champerty are held at bay (hint: the part about ‘taking lawyers’ advice’ or agreeing to take KC opinions is how they push their agenda when it is not in the best interest of the claimant). Beware! This list is by no means exhaustive. Remember, funders litigate all day every day and see this all the time. The claimant does it maybe once in a lifetime, the tables are stacked against. Beware and be vigilant. Do not take any thing for granted. Open eyes 👀 Remember, funders need claims - no claims, no business. They may not need claimants but the claim is yours, so that’s the leverage (owning the IP). With the new LFA Bill, which is nothing but a value transfer from claimants to funders, Alex Chalk KC MP Harry Chancellor are trying to remove what little regulation the Supreme Court clarified was relevant in PACCAR. (How is that “access to justice”?) And Nicholas BACON KC who does work for funders regularly will make recommendations on future regulation😂 THE ASSOCIATION OF LITIGATION FUNDERS OF ENGLAND & WALES Harbour Therium Capital Management Omni Bridgeway Portland DRD Partnership Hanbury Strategy

Get ready for an empowering bullet ride through the legal storm! Our latest article unveils the ten most influential disrupters reshaping the dispute resolution landscape in Panama for the year 2023. https://lnkd.in/eKqWGR6C Featuring these discerning juggernauts of justice: David M Mizrachi Fidanque from MDU Legal, the M&A maestro who doesn’t shy away from a battle. Mayte Sánchez González from Morgan & Morgan, P.A., a rising leading light who knows how to navigate complex legal labyrinths. Jaime Mora from Arias, Aleman & Mora, the supreme arbitrator who wears multiple hats with effortless ease. Jose D. Carrizo Durling from Morgan & Morgan, P.A., the outstanding luminary with a golden track record in dispute resolution. Alexander Gonzalez from Arias, Aleman & Mora, a seasoned pillar of the Panamanian litigation atmosphere. Marisol Tamara Ellis Anglin from ICAZA, GONZÁLEZ-RUIZ & ALEMÁN, the central force who's all set to redefine litigation precedents. Héctor Enrique Vidal Delgado from IPAL - Infante & Pérez Almillano, your go-to advisor for financial litigation cases. Christopher Glasscock from LOVILL, the meticulous disruptor earning widespread acclaims across the industry. Jorge Federico Lee from Alemán, Cordero, Galindo & Lee (Alcogal), the seasoned practitioner leaving distinctive footprints in the labor litigation arena. Isabel Cristina Lopez from LOVILL, the resolute powerhouse mastering the real estate and logistics sectors. Let’s laud their contributions and anticipate how they will reshape the legal field in 2023! #DisputeResolution #Law #Panama #InfluentialLawyers #LegalIndustry #LawFirm #Litigation #Arbitration.

Today we feature in City AM with an article by Maria Ward-Brennan about what makes us different and our growth plans. Litigation liberation! #aliuslaw #aviationindustry #commerciallitigation #arbitration

Navigating complex business litigation: key strategies and considerations According to a study by the U.S. Chamber of Commerce Institute for Legal Reform, litigation costs small businesses billions of dollars in just one year. However, there are strategies and considerations that can make navigating complex business litigation easier for modern enterprises. Understanding the legal framework of business litigation is crucial, as it can impact rights, obligations, and strategies. It helps identify applicable laws, determine jurisdiction, comply with procedural rules, and assess risks and benefits. Developing a strong legal strategy tailored to specific circumstances is essential. Options such as negotiation, mediation, arbitration, or trial should be carefully evaluated. Managing litigation risks and costs is vital to avoid reputational damage, financial loss, operational disruption, and regulatory scrutiny. Experienced legal counsel specializing in business litigation plays a crucial role in presenting persuasive arguments, enforcing rights, and preserving reputation. Recommendations and research can help find the right legal counsel. Subscribe to Legal Slice if you want to stay up-to-date on the latest news and trends in the legal world: ➡️ https://lnkd.in/dZp_tvpt #BusinessLitigation #LegalStrategies #LitigationManagement #RiskManagement #LegalCounsel #BusinessLaw Lawyer Monthly

Why watertight contracts are essential for avoiding costly litigation? Companies enter into numerous contracts on a daily basis. From supplier agreements to joint venture deals, these legally binding documents form the foundation of most business relationships. However, far too often, the critical importance of meticulously drafting these contracts is overlooked, leading to ambiguities, misunderstandings, and ultimately, expensive litigation. Ambiguous language is the Achilles' heel of contract enforceability. When key terms are open to interpretation, parties may have vastly different understandings of their rights and obligations. This lack of clarity often leads to disputes that can quickly escalate into full-blown legal battles, draining precious time and resources. Moreover, courts tend to construe ambiguous terms against the drafter, a legal doctrine known as contra proferentem. This means that if your company drafted the contract, any unclear language will likely be interpreted in favor of the other party, putting you at a significant disadvantage. Litigation is an expensive proposition. Beyond the direct costs of lawyers' fees and court expenses, contract disputes also carry hidden costs. Key personnel get pulled away from their core responsibilities to assist with the legal proceedings. Relationships with valuable business partners become strained or irreparably damaged. And even if you prevail in court, the victory may be pyrrhic, coming at the cost of lost opportunities and reputational harm. To mitigate these risks, it's crucial to invest time and resources upfront into drafting clear, comprehensive contracts. Here are some best practices to follow: -> Use plain, unambiguous language. Define key terms with specificity. Avoid extensive legalese and convoluted sentence structures. -> Anticipate potential contingencies. Address what-if scenarios head-on and provide clear directives for resolution. -> Incorporate tiered dispute resolution clauses. Specify a clear escalation path, starting with executive negotiation, then mediation, and finally arbitration or litigation as a last resort. -> Conduct thorough due diligence on counterparties. Assess their performance capabilities, financial stability, and litigation history to inform appropriate risk allocation provisions. Signing the contract is just the beginning. By being proactive, you can often resolve disagreements before they escalate into formal disputes. Stakes are high. Leaving contracts to chance is a risk no company can afford to take. You can protect your company from the financial and reputational damage of litigation, by investing in skillfully crafted agreements and staying vigilant in managing those relationships. Watertight contracts aren't just a legal nicety; they make sure your business stays in shape. #contracts #businesses #litigation

Litigation Finance: Key Considerations for Companies Litigation finance is reshaping how claimants pursue claims and manage business funding. When considering litigation financing, companies should evaluate the protection of sensitive information and the strategic implications of such funding. 1. Information Sharing with Potential Funders Investors need detailed information to assess the potential payoff of a case. They typically review the case's status, the experience of legal counsel, decisions on key motions, and their own experiences with similar cases. Funders may also rely on summaries or discussions with counsel to determine if the case meets their funding criteria. However, shared information might become discoverable, presenting a trade-off for companies to consider. 2. Disclosure Rules for Litigation Funding As litigation financing grows, so do the rules governing its disclosure. Some courts view funding arrangements as irrelevant to the case's merits, denying motions to compel their disclosure. Others require such disclosures through local rules. 3. Discovery of Funding-Related Information by Adversaries Before disclosing non-public information to potential funders, parties should secure a non-disclosure agreement. However, this agreement does not guarantee the protection of shared materials. Courts differ on whether a third-party funder shares a common interest with the client and whether the attorney work-product doctrine protects materials shared with funders. Some courts liken litigation funding decisions to business transactions not covered by attorney-client privilege, assuming disclosed information is commercial, not privileged. This may lead to a waiver of privilege over any shared privileged information. Conversely, some courts are more open to applying the work-product doctrine, if not the attorney-client privilege, to funder communications, viewing them as confidential and litigation-related, not intended for adversaries. These rulings are often fact-specific, so funding-seeking parties should anticipate privilege disputes. 4. Impact of Funding Arrangements on Strategy and Settlement Claimants should consider the control provisions in funding arrangements and their impact on settlement and other strategic decisions. Issues arise over whether a funder can continue litigation against the client's wishes and if the funder can replace the client as the plaintiff to seek a higher return. 5. Protecting Sensitive Information and Maintaining Control Litigation funding can support clients in managing litigation costs or monetizing claims that might otherwise go unpursued. However, due to varying court approaches to disclosure and privilege, companies must carefully protect sensitive information and scrutinize funding terms to ensure they retain control over significant decisions and resolutions. #thirdpartyfunding #litigationfinance #litigationfunding #legalfinance

⚖ Why I enjoy Property Litigation: 1            Property litigation, with its dynamic blend of legal acumen and real-world complexities, offers a unique thrill that captivates my passion about the intricacies of real estate law. Delving into the familiar realm of property disputes unveils a multifaceted landscape that continually challenges and engages, making it an exhilarating field to navigate. 2             Complicated Problem Solving: Property litigation presents an array of intricate issues, requiring adept problem-solving skills. Whether deciphering convoluted contractual terms or resolving boundary disputes out in the country, managing client’s hysteria, the constant intellectual stimulation keeps me engaged and invested. 3            Diverse Legal Frameworks: The multifarious nature of property law ensures that I encounter a diverse range of legal frameworks, from landlord-tenant disputes to complex regulations. This diversity not only broadens my legal expertise but also adds a layer of excitement to each case. 4            Negotiation and Advocacy: Successful property litigation often hinges on effective negotiations and advocacy. The ability to persuasively present arguments and reach favourable settlements for my clients not only contributes to my professional growth but also provides a sense of accomplishment that comes from navigating through complex legal negotiations. 5            Ever-Evolving Challenges: As we know, the current property market is in a state of flux introducing new challenges and legal considerations. This ever-evolving nature ensures that property litigators are continuously learning and adapting, fostering an environment of intellectual curiosity. 6            Real-World Impact: Property litigation directly influences real-world scenarios, affecting individuals, businesses, and communities. The tangible impact of my work, whether resolving a landlord-tenant dispute or guiding a commercial development project, adds a layer of significance to the profession. 7            Preventing Injustice: As a property litigator, I play a crucial role in ensuring justice prevails in property matters. Whether safeguarding property rights or rectifying contractual breaches, the pursuit of fairness and equity is a motivating factor and provides me with high hopes in every case in upholding the rule of law. 8            Team Collaboration: Property litigation often involves collaboration with diverse professionals, such as surveyors, real estate experts, and fellow solicitors. This teamwork not only enhances my legal skills but also fosters a collaborative spirit that can be particularly rewarding. In essence, my enjoyment of property litigation stems from its inherent complexity, the constant evolution of legal challenges, and the opportunity to make an impact on the lives of individuals and businesses I serve. #DuttonGregorySolicitors #RealEstate #PropertyLitigation #LandlordTenant

Litigating For Success: Understanding The Role Of A Business Litigation Attorney Business disputes and conflicts are an inevitable part of conducting business and as a business owner, you hope that they never escalate to the point of needing legal action. However, when every other option has been exhausted, litigation may be the only recourse left. An experienced business litigation attorney proves invaluable in such instances. https://lnkd.in/gGryiX5w #businesslitigation #lawyerlife #LegalInsights #corporatelaw #businesslaw #LegalBattle #realestate #intellectualproperty #businessattorney #legalhelp #protectyourbusiness #LegalInsights #businesslawyer #litigationsupport #LegalRepresentation Dunn Sheehan LLP Indeed FindLaw Pro Nolo Anthony Bogguess Bhumika Naik Jordan Sakamoto

As a practicing lawyer, I spend a lot of time on the details involved in litigation. Starting from making a list, ending with the documents that are used in the trial. Here are a few points that I have significantly changed when considering cases in which I represented the interests of organizations: 1. If a party incorrectly indicated the name of the legal entity, no matter in letters, INN, or added the word Seller, tenant, mortgagee to the name of the legal entity, I will file a motion to dismiss the case, since such a party does not exist. 2. If the power of attorney contains an error in the name of the organization, the head, or data that can help identify the client, I will file a waiver application. 3. It is very important to pay attention to who and for whom the state fee was paid, as this is also essential. Because there was a practice when 6 people filed 1 statement of claim with one claim, but in the document.only 1 plaintiff was indicated for payment of the state fee, which served as the basis for the application of paragraph 12 of the Resolution of the Plenum of the Supreme Court of the Kyrgyz Republic on the application of legislation on state duty. 4. If a party substantiates its claims against a legal entity with which there was a legal relationship, and in which both confirmed the debt of the legal entity, I will request the balance sheet of the organization. As practice has developed, both parties have confirmed the debt since 2017, but the debt was not reflected in the balance sheets, and these financial documents were provided to a third party. 5. It is necessary to verify the requesting part of the statement of claim with the disputed document. Since in 2022 the Chui Regional Court overturned the act of the court of first instance, according to which a non-existent document was appealed, our main argument was that.the mistake that was made when drafting the statement of claim cannot be corrected in the court of Appeal by virtue of the law, accordingly, it was illegal to apply the consequences to all subsequent transactions of our client. 6. It is necessary to carefully examine the evidence available in the case file. Because some evidence may contain contradictory information, which may also be important to the court. 7.and most importantly, when studying the materials of criminal cases in which the recovery of damage will be considered, especially for crimes against property, it is important to check the testimony of each witness, suspect, victim, specifically in terms of amounts, number of things, etc. 8.In economic disputes, it is extremely important to consider the issue of secrecy, namely, whether it was used by the parties and whether this was the cause of the dispute All these points have been very often used in practice and have a positive result when used correctly. 😊

LITIGATION IS INDEED A GAME OF STRATEGY Our firm, The Law Crest LLP, got this brief to defend "S" ("our Client" or “the Defendant”). The Claimant, a legal practitioner, had sued Our Client and claimed his professional fees for legal service purportedly rendered to our Client. In August 2018, our Client had engaged the Claimant to recover a 300-million-naira debt within 6 months. Our client paid 1 million naira immediately to the Claimant as mobilisation fee, filing fee and for other sundry expenses. The Claimant was to receive 5% of the recovered sum as his professional fees but not a dime was ever recovered by the Claimant for 4 years & 8 months (August 2018-April 2023). On 6.4.2023, our Client disengaged the Claimant. Hence, our Client defence was that the Claimant who did not recover any sum was not entitled to any fee. On his part, the Claimant grievance was that he did substantive work and should therefore, be rewarded despite no sum being recovered. We adopted two strategies in our defence. Firstly, we faulted the Claimant's failure to comply with Section 16 of the Legal Practitioners' Act on recovery of legal fee particularly the requirement of serving a bill of charges for 1 month before commencing an action in Court which is a condition precedent to maintianing an action for recovery of legal fee. Secondly, we highlighted how bizarre it is for the Claimant who was entitled to 5% of the recovered sum to now demand for a fee when in fact, no amount was recovered. Our defence was so robust that the Claimant filed Notice of Discontinuance 5 days after we served our defence on him. The Claimant did not give any tangible reason for the withdrawal in his Affidavit, but merely stated that his firm had a meeting and decided that the suit be discontinued. On our part, we knew the reason, which is the merit in our defence. We filed a Written Address (WA) in reaction to the Application. In our WA, we did not oppose the Application, but we prayed the Court to make a dismissal Order instead of striking out the action. Now, the law is that where a discontinuance Application is made after a defence has been filed, the Court may dismiss the action upon the application of the opposing party provided that issues have been joined. But where issues have not been joined, the court will only strike out. The question then was whether parties have joined issues in the circumstance of this case? Also, when can it be said that issues have been joined? We relied on authorities to submit that issues are joined when averments in an opponent's pleading have been denied or traversed, i.e when defence has been filed. In his reply to our WA, the Claimant contended that parties have not joined issues because the Defendant did not file Reply to the Defence and that the matter should be struck out. The Court agreed with us that parties have joined issues upon the Defendant filing its defence. According to My Lord: Please read up the rest in the comment.