Law Firm Financing

Bentham funds portfolios of cases for law firms on a non-recourse basis.

What are the Funding Requirements?

To be eligible for funding, a portfolio must meet the following requirements:

  1. Three or more cases.
  2. Total funding exceeding CAD 1,000,000, but a lower amount may be considered.
  3. Defendants must have a clear ability to pay judgments.

What Types of Cases can be included in a Portfolio?

All commercial cases, including breach of contract, breach of fiduciary duty, trade secret theft, intellectual property including breach of copyright, trademark or patent infringement and complex business disputes.

Please note that we do not fund personal injury, discrimination, or malpractice cases.

How Does Law Firm Financing Work?

Bentham invests a portion of the fee budgets in 3 or more cases being handled by the firm on a contingency. When the firm collects its contingency fees from one or more of the cases, it pays Bentham, a multiple of the amount funded, with this return cross-collateralized across the cases.

Benefits of Portfolio Funding:

  • Our portfolio funding is non-recourse – if all the cases are lost, you owe us nothing.
  • Our funding enables law firms with diversified portfolios of cases to cover most of their fixed costs and still recover significant contingency fees.
  • Our funding provides support against opponents seeking to outspend you.
  • We do not control legal or settlement decisions.
  • To read about a law firm that has successfully used funding for portfolio cases see this article

How Does the Process Work?

The first step is to contact us to provide us with information on the proposed portfolio cases. Under a non-disclosure agreement we will provide preliminary deal terms to you. After conducting due diligence and approval by our investment committee, we finalize terms and execute a funding agreement.

If you would like to explore funding for a portfolio of cases, please contact us.