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Litigation Funding

Among others we closely work together with the following litigation funders:

Professional duty to advise on litigation funding: According to the case law of the Swiss Federal Court of 22.01.2015 (2C_818/2014), the proper fulfilment of professional and contractual duties of an Attorney include not only the duty to clarify prospects of success, opportunities, risks and costs but also the duty to inform the client about the possibility of litigation funding (SJZ 112 (2016) No 2).

Already from the reasoning of the Federal Court the universal applicability of this obligation for the advice of the Attorney on a possible litigation funding may be seen. In addition, the rules of professional conduct and the general rules of a mandate provide for a comprehensive duty of the Attorney to inform the clients. Accordingly, Attorneys in Liechtenstein also have a corresponding obligation to inform their clients about the possibility of litigation funding in addition to providing information on the possibility applying for legal aid.