Should the party who loses in litigation be forced to pay the legal fees of the winner? This paper surveys the economic … literature regarding the effects of legal fee shifting on a variety of decisions arising before and during the litigation process …

Litigation finance companies have some incentives to screen plaintiffs applying for financing based on the strength of … prevail at litigation is low. The result is that litigation finance may facilitate both meritorious and nonmeritorious claims …. This Article argues that fee limitation rules for litigation finance companies can improve their incentives to select only …

contracting decreases the settlement rate and increases the volume and costs of litigation. These contingent contracts mimic the … services provided by third-party investors, including litigation funders and insurance companies. The two litigants (weakly … costs of litigation, and may increase the aggregate cost of risk bearing. In this sense, third-party involvement in …