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July 27, 2015

Rickard: ‘The Problem with 3rd Party Litigation Financing’

ILR President Lisa A. Rickard penned a strong Law360 op-ed as a rebuttal to a recent piece from Burford Capital, LLC, entitled, “Litigation Finance Can Help Break the Glass Ceiling.” In that initial piece, Burford Capital Managing Director Aviva O. Will suggested that women in law firms ought to harness third party litigation as a means of correcting gender discrimination.

“Buford’s tortured logic – that law firms and corporate clients will reward women lawyers for suggesting TPLF, thereby advancing diversity in law firm partnership ranks – is nothing more than a marketing ploy to boost Burford’s revenues,” wrote Rickard. “Far from championing women, Burford’s piece reflects an unwelcome cynicism about women’s abilities.”

Rickard writes that there “are longstanding, complex issues that demand more thoughtful approaches than a litigation funder’s self-interested sales pitch that using its services will ‘level the playing field’ for women.”

“Too often, TPLF becomes a solution in search of a problem. But it is the other way around — TPLF is a problem begging for a solution. I suggest that transparency in the court system would be a helpful start,” she concludes.

Read the full op-ed here.

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