Clarifying the 'Probate Lending' Debate: A Response to Professors Horton and Chandrasekher
93 Notre Dame Law Review Online 149 (2018).
10 Pages Posted: 18 Nov 2016 Last revised: 8 Jan 2019
Date Written: November 16, 2016
Professors Horton and Chandrasekher break new ground in the legal funding debate with their article on probate funding. Unfortunately, that ground is shaky, based on false assumptions and flawed statistical methodologies. The methodological cracks in the foundation, including unwarranted extrapolation from a limited sample and claiming to measure ex ante risk from ex post results, are identified.
Keywords: litigation financing, litigation funding, litigation lending, third-party litigation financing, champerty, probate, usury, truth in lending
JEL Classification: D01, D81, K39
Suggested Citation: Suggested Citation