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Lawyers considering using legal finance are understandably interested in the interaction of litigation finance and the protection of attorney work product. Although we have always believed that law and policy protect work product that is shared with litigation finance providers under a confidentiality agreement, over the past three years, the law has even more strongly reinforced the protection under the work product doctrine of documents created in connection with litigation finance, or produced to litigation finance providers over the course of diligence and investment.

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