By Certum Group Team • December 3, 2025
Litigation finance has become an essential tool for modern litigation strategy — but with its growth has come a wave of discovery requests seeking information about funding arrangements. These requests are improper, burdensome, and legally unsupported.
To help lawyers and litigants push back with confidence, Certum has released a new Model Brief Opposing Discovery of Litigation Funding—a comprehensive, practitioner-oriented document designed to equip litigators with the strongest arguments, cases, and frameworks available.
This publication is now available for free download.
Why We Created This Model Brief
Across federal and state courts, parties continue to seek discovery into litigation funding sources and materials, often as a tactic rather than a legitimate inquiry into claims or defenses. These efforts raise serious issues:
- Privilege and work-product concerns
- Chilling effects on access to justice
- Attempts to shift focus away from the merits
- Increased litigation costs and delays
Yet for many lawyers, responding to these requests requires reinventing the wheel.
Our model brief solves that problem. It provides a structured, persuasive, and research-backed response that can be adapted swiftly to any case.
What’s Inside
The Model Brief for Opposing Discovery of Litigation Funding includes:
✔ Comprehensive Statement of Law
A survey of federal and state authority rejecting routine discovery into funding, including recent district court decisions and emerging appellate guidance.
✔ Relevance and Proportionality Arguments
A robust explanation of why Rule 26 forbids this kind of discovery absent a case-specific showing of need.
✔ Work-Product and Attorney-Client Privilege Framework
Clear articulation of why funding documents, communications, and analyses fall squarely within protected categories.
✔ Policy and Judicial-Efficiency Arguments
A concise, compelling account of why courts overwhelmingly reject these requests as dilatory and contrary to the aims of the FRCP.
✔ Case Law Appendix
An appendix containing some of the leading cases denying discovery, along with a brief summary of the holding of each case.
Who Can Benefit From This Resource
This publication is designed for:
- Litigators facing discovery battles over funding in commercial, class action, antitrust, IP, mass tort, and other complex matters
- Law firms offering alternative-fee representations, whose strategic analyses must remain confidential
- In-house counsel managing claims portfolios, seeking to preserve privilege across internal and external workstreams
This model brief is part of Certum’s growing library of resources—including Certum’s Guide to Litigation Finance—aimed at helping lawyers navigate the evolving landscape of litigation finance and litigation risk transfer.
Download the Brief
The Model Brief Opposing Discovery of Litigation Funding is available now.
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