Empowering Justice with Litigation Funding in Malaysia

We provide innovative and risk-free legal financing solutions, enabling businesses and individuals to pursue justice without financial barriers.

Click Here

4-Step Litigation Financing Process

Step 1: Case Assessment and Due Diligence

Objective: Evaluate the merits and risks of the case to determine its viability for funding.

Process:
- Case Details Collection: The claimant or law firm provides relevant documentation, including pleadings, evidence, legal opinions, and cost estimates.
- Legal Merits Analysis: Review the strength of the claim, jurisdictional considerations, and legal precedents.
- Risk and ROI Assessment: Analyze the financial value of the claim, probability of success, and potential recovery amount.
- Decision Point: Cases with high merit and strong recovery potential proceed to the next step.

Step 2: Funding Agreement and Structuring

Objective: Formalize the terms of funding and set clear expectations for all parties.

Process:
- Negotiation: Agree on the funding amount, repayment terms, and the funder’s share of the recovery (e.g., percentage of settlement or damages awarded).
- Drafting the Agreement: Create a legally binding funding agreement outlining:
  - Scope of financing (e.g., legal fees, court costs, expert witness fees).
  - Terms of repayment (success-based).
  - Confidentiality and disclosure requirements.
- Execution: Both parties sign the agreement, and the funds are disbursed to cover the litigation costs.

Step 3: Ongoing Monitoring and Case Management

Objective: Provide financial and strategic support while monitoring case progress.

Process:
- Collaboration with Legal Teams: Maintain communication with the claimant's lawyers to stay informed on developments.
- Periodic Reviews: Evaluate the progress of the litigation, including motions, hearings, and negotiations.
- Financial Oversight: Ensure proper allocation and utilization of funds for approved expenses.
- Strategic Input: Offer insights or additional resources (if needed) to enhance case outcomes.

Step 4: Resolution and Settlement Process

Objective: Conclude the funding arrangement upon case resolution and process financial settlements.

Process:
- Case Outcome: Upon winning or settling the case, the recovery amount is disbursed to the claimant.
- Repayment to the Funder: The agreed-upon share of the recovery is returned to the funder, covering:
  - Principal financing.
  - Success fee or agreed percentage of the recovery.
- Surplus Distribution: Remaining funds are transferred to the claimant.
- Post-Case Review: Conduct a review of the case to assess lessons learned and refine future funding strategies.

The Advantages of Litigation Funding with Orita Capital

No Financial Risk: Pay only if you win or settle your case successfully.

Expertise You Can Trust: Our team comprises seasoned legal and financial experts.

Tailored Solutions: Funding options designed to suit your specific legal needs.

Access to Justice: Empowering clients with financial freedom to pursue rightful claims.

Compliant and Transparent: Adhering to Malaysian legal financing regulations.

Q1: What is litigation funding?

A: Litigation funding, also known as third-party litigation funding, involves a funder covering the costs of a legal case in exchange for a share of the settlement or award.