Donation-based crowdfunding to fund litigation – what are the risks? (2024)

Donation-based crowdfunding to fund litigation – what are the risks? (1)

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Mitchell Zadow Donation-based crowdfunding to fund litigation – what are the risks? (2)

Mitchell Zadow

Managing Principal & Accredited Specialist (Commercial Law) at Sharrock Pitman Legal Pty Ltd

Published Mar 1, 2024

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Crowdfunding is a complex and developing area of litigation funding. Ensure that you are aware of all the potential problems that may arise in the course of sourcing funds.

Litigation funding, in the traditional sense, involves having a third party who has no direct interest in the outcome of proceedings – usually a private commercial litigation funder, to provide all or part of the financing required to enable costly litigation or arbitration to proceed. If the case is successful, the funder normally receives an agreed share of the proceeds claimed.

Crowdfunding - a new twist on litigation funding

A newer form of litigation funding is donation-based crowdfunding, which denotes a radical shift from any pre-existing litigation funding arrangements. At its most basic, donation-based crowdfunding involves raising funds for a project or a cause through the accumulation of a large number of charitable donations sourced from the public.

In recent years, there has been an uptick in the public’s awareness of crowdfunding, particularly following the advent and proliferation of web-based crowdfunding platforms such as GoFundMe, Indiegogo and Kickstarter. For example, a quick search of ‘legal fees’ or‘ lawyer’ on GoFundMe will elicit hundreds of pages of results, with fundraisers ranging from huge celebrity lawsuits costing upwards of hundreds of thousands to minor run-of-the-mill personal legal matters.

How crowdfunding may arise in general practice?

In the day-to-day legal context, crowdfunding may arise in a number of circ*mstances. Clients may either approach a law firm having already raised the required funds, or alternatively seek to raise funds well after proceedings have commenced to address any shortfalls in personal funds. The Law Council of Australia notes that the typical scenario is for clients to engage in crowdfunding after an initial consultation and estimate of costs from the legal practitioner.[1]

Risks to clients using crowdfunding to fund legal expenses

Clients may not be aware, but the use of crowdfunding to meet legal expenses presents many pitfalls that could lead to serious ramifications for both them and the law firm taking on their matter.

Importantly, clients, particularly those who are not familiar with the legal system and court processes, need to be aware of:

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  • the risk of accidently disclosing confidential information to third parties in the course of sourcing funds,
  • the consequences of unintentionally or intentionally making misrepresentations about the facts of their matter during crowdfunding appeals; and
  • general questions over how to deal with surplus crowd raised funds.

How can Sharrock Pitman Legal assist?

As crowdfunding is still a complex and developing area of litigation funding, many clients won’t be fully aware of all the potential problems that may arise in the course of sourcing funds.

If you were thinking about starting a crowdfunding campaign to fund legal expenses, contact us for further advice on fundraising and crowdfunding issues and what to watch out for when raising funds.

[1] Law Council of Australia, Crowdfunding: Guidance for Australian legal practitioners (2019) 29.

The information contained in this article is intended to be of a general nature only and should not be relied upon as legal advice. Any legal matters should be discussed specifically with one of our lawyers.

Liability limited by a scheme approved under Professional Standards Legislation.

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Donation-based crowdfunding to fund litigation – what are the risks? (2024)

FAQs

Donation-based crowdfunding to fund litigation – what are the risks? ›

Risks to clients using crowdfunding to fund legal expenses

What is a negative effect of crowdfunding? ›

Pros of crowdfunding include being able to get money that you don't have to repay or borrowing more than you could using traditional methods. Cons of crowdfunding include the potential of not meeting goals and exposing yourself to the public.

Is donation-based crowdfunding legal? ›

Donation-based crowdfunding in the United States operates within the framework of state charitable donation laws since there are no specific federal regulations governing it.

What are the risks of investors in crowdfunding? ›

Startups and early-stage ventures can and do fail, and you could lose your entire investment. In addition, crowdfunding investments carry liquidity risks, as you'll be limited in your ability to resell your investment for the first year—and you might need to hold your investment indefinitely.

What are the ethical issues of crowdfunding? ›

Ethical issues for donors

Crowdfunding does not just affect campaigners, but also donors. Some pages may be obviously fraudulent, 4 others better disguised, particularly if the page creator is medically literate. In other cases, donors may be more subtly misled.

What are the risks of donation based crowdfunding? ›

Risks to clients using crowdfunding to fund legal expenses

the consequences of unintentionally or intentionally making misrepresentations about the facts of their matter during crowdfunding appeals; and. general questions over how to deal with surplus crowd raised funds.

Why avoid crowdfunding? ›

Crowdfunding eliminates your networking

Good investment is 20 percent money and 80 percent networking, expertise and experience. With crowdfunding, it is really unlikely that you will get the same level of engagement from the investors that you would from other avenues.

What are the advantages of donation-based crowdfunding? ›

Advantages of Crowdfunding for Nonprofit Organizations

For successful projects, it is a fast way to raise initial funding with no upfront fees. It allows for further marketing of your project. You can gain feedback and guidance on how to improve. It gives you a good idea of how viable your product is in the market.

What is the average crowdfunding donation? ›

Online Crowdfunding Trends

$9,237.55 is the average amount a nonprofit crowdfunding campaign raises. $568 is the average amount individuals raise through crowdfunding. An average of 8 people donate to an individual crowdfunding campaign. The average donation size to a crowdfunding campaign is $66.

What is the difference between crowdfunding and donation? ›

In summary, the key difference lies in the expectations associated with financial contributions. Crowdfunding involves backers expecting a return, while donations are contributions made without anticipating material gain, often supporting philanthropic or charitable causes.

Can crowdfunding be misleading? ›

Crowdfunding scams are when a crowdfunding campaign asks for and accepts donations through false pretenses, misleading people about the outcome, nature of the project, or cause being solicited for.

Is crowdfunding high risk? ›

Investments offered on this platform are not readily realisable, which means that they may be difficult to sell and you may not get back the full amount invested. Investments are not covered by the Financial Services Compensation Scheme (FSCS) and your capital is at risk and returns are not guaranteed.

What is an example of bad crowdfunding? ›

The most notorious example of cheat is the 3D printer and scanner Peachy Printer. This device managed to collect funds amounting to 651 000 US dollars (which is 1302% of the goal). The device was to cost 100 US dollars, and its creators have advertised it as the most affordable printer in the world.

What is the biggest drawback about crowdfunding? ›

Scammers are by far the biggest con of the crowdfunding space. There are so many projects that have a successful raise, but do not pull through with the execution of the project. As a result, a lot of people have become jaded by the lack of follow through and reduced the trust between creators and early adopters.

What is unethical fundraising? ›

Fundraising that seeks donations while lying about facts, omitting the truth, exaggerating information or any other dishonest tactic is unethical.

What is the biggest challenge of crowdfunding? ›

This article delves into these challenges with real-life examples, emphasizing the essentiality of creative solutions in the crowdfunding sector.
  • Project Delivery and Accountability. ...
  • Quality Control and Vetting Processes. ...
  • Market Validation and Overestimation. ...
  • Limited Post-Funding Support. ...
  • Equity and Inclusivity in Funding.
Jan 12, 2024

What is a con of crowdfunding? ›

Cons of crowdfunding

You may want to expect your project to not receive the full funding. You can either set your goals higher than your needs, or you can try to find other funding sources to finance your business.

What are the disadvantages of crowdfunding for debt? ›

Disadvantages of crowdfunding

getting the rewards or returns wrong can mean giving away too much of the business to investors. While unsecured on the assets of the business, crowd-funders usually require personal security (guarantees) from business owners that invested money will be repaid.

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