Legislative proposals that require parties receiving payment in civil litigation to disclose their identities typically mandate preemptive disclosure of private financial arrangements, such as litigation funding agreements, regardless of whether a court has found those arrangements relevant.
high
legal
Describes the core design of litigation-transparency proposals affecting disclosure of funders and financial arrangements.
Disclosure requirements for funding or support in litigation can reduce individuals' willingness to provide financial support or to bring legal claims, creating a potential chilling effect on freedom of speech and freedom of association.
high
legal
Describes a commonly asserted consequence of mandatory public disclosure of litigation funders or donors.
Proponents of mandatory disclosure of material funders in lawsuits argue that requiring parties to identify significant funders promotes accountability and helps ensure the legal system is used as a tool for justice rather than for improper purposes.
high
policy
Summarizes the stated rationale commonly offered in favor of litigation-transparency measures.