West Virginia Code § 46A-6N-3

Litigation financier requirements
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A litigation financier shall fulfill each of the following requirements when engaged in
litigation financing:
(1) The terms of the litigation financing transaction shall be set forth in a written contract
that is completely filled in with no incomplete sections when the contract is offered or
presented to the consumer;
(2) The litigation financing contract shall contain a right of rescission, allowing the consumer
to cancel the litigation financing contract without penalty or furtuher obligation if, within five
business days following the consumer's receipt of the funds, or execution of the litigation
financing contract, whichever is later, the consumer gives notice of the rescission and
returns any money already provided to the consumer by the litigation financier;
(3) The litigation financing contract shall contain a written acknowledgment by the
consumer of whether the consumer is represented lby an attorney in the dispute;
(4) If the consumer acknowledges that the consumer is represented by an attorney in the
dispute, the litigation financing contract shiall include a written acknowledgment executed
by the consumer's attorney in the dispute in which the attorney acknowledges all of the
following:
(A) The attorney has had the opportunity to review the litigation financing contract on behalf
of the consumer;
(B) The attorney is representing the consumer with regard to the dispute that is the subject
of the litigation finan cing contract;
(C) The attorney has neither received nor paid a referral fee or any other consideration from
or to the litigation financier, nor will the attorney receive or pay such a fee in the future; and
(D) In the event that proceeds are paid into a settlement fund or trust, the litigation financier
shall notify the administrator of the fund or trust of any outstanding liens arising from the
litigation financing contract.

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