You have the right to have your attorney review any funding agreement before you sign. A responsible funder requires attorney acknowledgment of every funding agreement as a condition of funding and does not fund without your attorney's review and written confirmation that you understand the terms.
You have the right to know the exact interest rate applied to your advance, stated clearly in the funding agreement and in the plain-language summary provided before signing. Look for simple interest, no compound structures, and no rate that changes after signing.
Before signing any funding agreement, you should receive a written plain-language summary that states: the total amount of your advance, the interest rate, how interest accrues, and the estimated repayment amount at different case durations. The full agreement is provided alongside it.
You have the right to repay your advance early at any time. Early repayment reduces your total cost, because interest stops accruing on the date of repayment. Look for agreements with no prepayment penalties, exit fees, or charges for repaying before your case resolves.
Your advance should be non-recourse. If your case does not result in a recovery (you lose at trial, your case is dismissed, or your settlement is less than the advance plus accrued interest), you owe nothing. The risk of loss is borne by the funder, not by you.
Criterica Capital has no role in your case, and a funder should have none either. A funder does not participate in settlement decisions, litigation strategy, or any communication with opposing counsel. All decisions about your case remain with you and your attorney, and the agreement should explicitly prohibit any attempt to influence your legal strategy.
Applying for funding and the review process should be free. You should not be charged any fee before funding is issued. Compensation should be built into the funding agreement and deducted only from settlement proceeds at closing.
You have the right to pricing that reflects the actual risk profile of your case, not a uniform rate applied to all plaintiffs regardless of case strength. Criterica Capital evaluates every case through predictive models trained on legal data. Accurate risk assessment supports accurate pricing: you should not subsidize the cost of a funder's uncertainty.
These are protections to look for in a funding agreement. They describe terms that should be written into the agreement; they are not statutory rights that exist independently of the agreement. Your attorney reviews the full agreement, including these terms, before you sign.
The price you pay should reflect your case — not someone else's uncertainty.
Most litigation funders price all cases in a category at roughly the same rate, regardless of individual case strength. When underwriting relies on intuition or relationship history, funders compensate by charging more to everyone — building margin to cover the uncertainty they cannot quantify.
A plaintiff with a strong case — documented liability, represented by an experienced firm, in a favorable jurisdiction — ends up subsidizing the pricing uncertainty created by weaker cases in the same product bucket. That is not accurate underwriting. It is averaging.
Criterica Capital evaluates each case individually through predictive models trained on legal data. Win probability, settlement range, and expected duration are estimated for your specific case profile, not inferred from category averages. Better information supports more accurate pricing.