Typical return requirements are primarily based on inherent legal risks and the stage at which a matter is in the legal process.
The costs of litigating a case are time and capital. Litigation financing mitigates downside as capital is non-recourse and only needs to be paid back if the matter is positively resolved.
The process of obtaining funding can be quite time consuming—up to 90 days or more. The first step is to summarize the case, its merits, risks, and expected pricing. Second, the opportunity is brought to a funder that’s a fit for the matter. Third, the funder converses directly with you, and a NDA is signed. Fourth, the funder does its due diligence, which requires documentation and ongoing conversations. Lastly, the transaction is structured, priced, and executed.
As long as the terms of a legal financing are appropriately negotiated, there is no recourse except for the underlying case. If a particular case is not successful, the funding source does not get back its investment and the case financing will have no impact on the business or its other credit lines.