funding agreement defined. As used in the Oklahoma Discovery Code: 1. "Commercial litigation funder" means any person or entity, other than an attorney permitted to charge a contingent fee for representing a party, that enters into a contract establishing a right to receive compensation that is contingent on and sourced from any proceeds of the civil action by settlement, judgment, or otherwise. Commercial litigation funder shall not include a consumer litigation funder as defined in Section 3-801 of Title 14A of the Oklahoma Statutes; and 2. "Commercial litigation funding agreement" means an agreement under which the commercial litigation funder is granted a right to receive compensation contingent on and sourced from any proceeds of a civil action by settlement, judgment, or otherwise. A commercial litigation funding agreement shall not include: a. legal representation services provided on a contingency fee basis or legal costs advanced by a legal representative where such services or costs are provided to or on behalf of a client by an attorney representing the party in the dispute and in accordance with the Oklahoma Rules of Professional Conduct, b. an agreement entered into between an attorney or law firm and a commercial litigation funder or any other entity. Sharing of fees by an attorney or law firm shall be in accordance with the Oklahoma Rules of Professional Conduct including but not limited to Rules 1.5 and 5.4 of Appendix 3-A of Title 5 of the Oklahoma Statutes, or c. a consumer litigation funding agreement as defined in Section 3-801 of Title 14A of the Oklahoma Statutes.
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