Banning Litigation Funding Doesn’t Solve the Problem; It Just Makes Justice More Expensive
I still think of North Carolina as home. I have practiced law in Florida for decades, but I grew up in North Carolina. My family is there. Many of my earliest memories are there. Like a lot of people who leave home, I still pay attention to what happens back where I started.
So when North Carolina just became the first state in the country to effectively ban third-party litigation funding, I took notice. Not because I have any particular loyalty to the litigation funding industry. I don’t. Like many trial lawyers, I have questions about it. Should these agreements be disclosed? Probably. Should outside investors be able to in[uence legal strategy? Absolutely not. Are there funding arrangements that deserve greater oversight? Without question.
