More Than Funding

March 4, 2019


  • You gain more than just reliable payment of fees and costs when you establish a funding relationship with Validity – you also gain the benefit of strategic advice from top-notch litigators, without sacrificing client control of case strategy


  • A good funding relationship is a true partnership that helps enrich counsel’s legal strategy without impeding the attorney-client relationship


Different perspectives can be valuable

As a litigator it’s your job to be a zealous advocate for your client.  That means crafting the best legal strategy by anticipating your opponent’s next move and being prepared to counter it.  Stress-testing each side’s potential arguments and planning for all outcomes can mean the difference between a win and a loss.

Validity can help you do that.  We provide funding for cases at all stages of litigation, but we also can draw on our own wealth of experience to identify issues, hone arguments, and suggest strategic approaches to thorny issues.  At Validity, every investment manager and due diligence counsel is a former trial lawyer.  Collectively, we have decades of experience helping to resolve complex cases on behalf of our own clients, and as funders we review hundreds of commercial cases – good and bad – across a broad spectrum of practice areas.  No one can claim to have seen it all but, well, let’s just say we’ve seen a lot.  We can do so much more than just write you a check—if you want us to.

We’re here to help, not dictate decisions

We conduct extensive due diligence before we invest in a case.  We meet your client, review the case file (whether pre-litigation or on the eve of trial), and conduct our own legal research, often hiring outside expertise at no cost to you or your client.  As a last check, we present the merits of the case to our own Investment Committee composed of former litigators and judges.

All of Validity’s work in assessing your case’s merits and likely outcome is shared with you at no cost, regardless of whether we invest or not.  Simply by going through the diligence process, your case gets an objective third-party evaluation for free.  It may even, as has happened in the past, benefit from an issue we spot early on or a new theory of liability you have not yet considered.   The claimants and lawyers we’ve worked with in the past have found our ongoing dialogue and feedback on the case to be an invaluable resource.

Don’t be afraid to pick up the phone

If we do invest, your client retains full control of case and legal strategy.  This includes any decisions about whether and when to settle.

Still, we are in this business because we love to think about law and strategy, and we think of ourselves as true partners to counsel and funded parties.  We are more than happy to act as a sounding board for legal strategy and arguments for the duration of your case.  In fact, we prefer to invest in cases where that collaborative back-and-forth is encouraged.

That said, we do not require you to do more than hear us out:  our funding agreements generally provide only that we’re entitled to regular case updates and an opportunity to provide input.

We’re just here for you if and when you need us – and most of our clients see that as a true value-add.

Get a recommendation

At any stage of litigation, you may need to hire a third-party expert or consultant.  Perhaps you seek an expert in a specialized industry to help you evaluate the merits of a potential claim.  Or maybe you have a finalized judgment and need an asset recovery expert to help you collect the damages awarded.

Whatever your situation, finding an expert with the right combination of knowledge and personal characteristics isn’t easy.

If you have a funding relationship with Validity, the decision of which expert or consultant to hire remains with you and your client.   However, we have an extensive network from which you can benefit.  We can refer you to people we know and trust who might be the perfect fit for your team.    With so much at stake, relying on the right recommendation from someone with an interest in your case is invaluable.

Of course, working with Validity also means you join that network – which can mean more referrals to you on behalf of potential clients.

At Validity we play the long game

Litigation funding can be much more than a strictly financial transaction; the right funder can also offer teamwork, support, and expertise.

That’s what we do at Validity, and we enjoy it.  We prefer to think of ourselves as partners, not financiers.