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Defense Counsel: Third Party Funding Inflates Litigation Costs

Mark Behrens, chairman of the International Association of Defense Counsel’s civil justice response committee, told National Law Journal that third party funding can “raise ethical problems” and inflate litigation costs.

According to Behrens, litigation funding encourages longer, costlier litigation. Expensive requests for discovery can be asked for without second thought with the presence of a funder. Only disclosure requirements can help alleviate this problem, as it will allow judges to make decisions on who is paying for what.

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