Article 33: Nonrecourse Civil Litigation Act · Last amended 2010 · Last verified July 22, 2026
Laws 2010, LB1094, § 6.
A funding company generally needs some information about a pending claim to decide whether, and how much, to fund it. Without a rule like this one, sharing that kind of information with an outside company could risk an argument that the consumer gave up attorney-client privilege or work-product protection over related case materials. Section 25-3306 forecloses that argument for communications tied to the funding contract itself: no communication between the attorney and the funding company about the nonrecourse civil litigation funding contract limits, waives, or reduces any statutory or common-law privilege, including the work-product doctrine and the attorney-client privilege.
This protection applies specifically to communications about the funding arrangement, which is why the act pairs it with the attorney acknowledgment required by section 25-3303 — the attorney can review and sign off on the funding contract, and communicate with the funding company about it, without that step being used later to argue the consumer opened up privileged material to a stranger to the litigation.
Not for communications covered by this section. Communications between the attorney and the funding company about the funding contract do not limit, waive, or reduce the privilege.
Yes. Section 25-3306 names the work-product doctrine specifically, alongside the attorney-client privilege and any other statutory or common-law privilege.
The company evaluates the claim before agreeing to fund it, which typically requires learning something about the case; this section keeps that exchange from being treated as a waiver.
No. It addresses communications between the consumer’s attorney and the civil litigation funding company regarding the funding contract, not communications with an opposing party.
The section is not limited to any single moment in the transaction; it applies to communications pertaining to the funding contract, which can include discussions before and after signing.