A Legal Ethics Perspective on Alternative Litigation Financing

A Legal Ethics Perspective on Alternative Litigation Financing
Author: W. Bradley Wendel
Publisher:
Total Pages: 33
Release: 2014
Genre:
ISBN:

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One of the foundational principles of legal ethics is that the lawyer owes an obligation of undivided loyalty to the client, and no other interests or relationships can be permitted to interfere with the lawyer's exercise of independent professional judgment on behalf of the client. The strongest non-consequentialist doctrinal objection to third-party litigation funding is that it may compromise the lawyer's independence. Yet this argument cannot be made in too strong a form, because lawyers are already permitted to enter into relationships or have interests that present a prima facie risk to the lawyer's independence. In the United States, two such situations are the representation of plaintiffs in contingent-fee financed litigation and the representation of insured defendants by lawyers compensated, and substantially controlled, by liability insurers. Both of these situations present conflicts of interest that are mitigated for the most part not by formal rules of professional conduct but by other legal and non-legal sources of constraint. In the insurance defense context, many apparent conflicts are mitigated by doctrines within insurance law that limit the extent to which insurers can act self-interestedly at the expense of the insured. Regarding contingent-fee representation, market mechanisms are entrusted with the role of regulating the size of fees, while agency and tort principles regulate the conduct of lawyers representing plaintiffs in contingent-fee matters. These comparisons show that third-part litigation finance should not be condemned categorically as compromising the lawyer's independent judgment. Rather, the acceptability of third-party finance should be dependent upon the extent to which the relationship between the funder and the recipient of funding is regulated to mitigate the risk of self-interested behaviour on the part of the funder.Forthcoming in a symposium in the Canadian Business Law Journal on alternative litigation financing.

Alternative Litigation Financing in the United States

Alternative Litigation Financing in the United States
Author: Steven Garber
Publisher: RAND Corporation
Total Pages: 0
Release: 2010
Genre: Law
ISBN: 9780833049902

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Alternative litigation financing (ALF)--also known as "third-party" litigation financing--refers to provision of capital by parties other than plaintiffs, defendants, their lawyers, or defendants' insurers to support litigation-related activity. This paper describes the ALF industry as of early 2010 and discusses the legal ethics, social morality, and, especially, potential economic effects of ALF.

Investing in Justice

Investing in Justice
Author: Max Volsky
Publisher:
Total Pages: 268
Release: 2013-04
Genre: Actions and defenses
ISBN: 9780988510500

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Alternative assets have become popular in recent years, mainly because they offer superior returns and are uncorrelated to traditional markets. Legal finance also called lawsuit funding, lawsuit loans, pre-settlement funding, tort advances, plaintiff advances, litigation finance, litigation financing, litigation funding or dispute finance refers to investments in lawsuits. Written by a renowned expert, this book is essential reading for investors, consumers, lawyers, policymakers, business executives, and anyone who can benefit from having a clear and comprehensive framework for understanding this industry and its capacity to create more balanced and provident legal systems around the world. Join us as we explore this new market and examine the industry s most poignant issues.

Model Rules of Professional Conduct

Model Rules of Professional Conduct
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
Total Pages: 216
Release: 2007
Genre: Law
ISBN: 9781590318737

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The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Third-Party Funding in International Arbitration

Third-Party Funding in International Arbitration
Author: Lisa Bench Nieuwveld
Publisher: Kluwer Law International B.V.
Total Pages: 330
Release: 2016-04-24
Genre: Law
ISBN: 9041161120

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Since the first edition of this invaluable book in 2012, third-party funding has become more mainstream in international arbitration practice. However, since even the existence of a third-party funding agreement in a dispute is often kept secret, it can be difficult to glean the specifics of successful funding agreements. This welcome book, now updated, expertly reveals the nuances of third-party funding in international arbitration, examines the phenomenon in key jurisdictions, and provides a reliable resource for users and potential users that may wish to tap into and make use of this distinctive funding tool. Focusing on Australia, the United Kingdom, the United States, Germany, the Netherlands, Canada, and South Africa, the authors analyze and assess the legal regime based upon legislation, judicial opinions, ethics opinions, and practitioner anecdotes describing the state of third-party funding in each jurisdiction. In addition to updating summaries of the law of the various jurisdictions, the second edition includes a new chapter addressing third-party funding in investor-state arbitration. Among the issues raised and examined are the following: · payment of adverse costs; · “Before-the-Event” (BTE) and “After-the-Event” (ATE) insurance; · attorney financing: pro bono representation, contingency representation, conditional fee arrangements; · loans; · ethical doctrines affecting the third-party funding industry; · possible future bundling, securitization, and trading of legal claims; · risk that the funder may put its own interests ahead of the client’s interests; and · whether the existence of a funding agreement must or should be disclosed to the decision maker. The second edition also includes discussion of recent institutional developments as they relate to third-party funding, including the work of the ICCA-Queen Mary Task Force on Third-Party Funding and how third-party funding is being incorporated into arbitral rules and investment treaties. Ably providing a thorough understanding of what third-party funding entails and what legal parameters exist, this book will be of compelling interest to parties aiming to take advantage of the high values, speed, reduced evidentiary costs, outcome predictability, industry expertise, and high award enforceability characteristic of the third-party funding arrangements available in international arbitration.

Alternative Perspectives on Lawyers and Legal Ethics

Alternative Perspectives on Lawyers and Legal Ethics
Author: Reid Mortensen
Publisher:
Total Pages: 0
Release: 2012
Genre: Lawyers
ISBN: 9780415813174

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The book features important contributions taking contemporary and non-mainstream perspectives on legal ethics and the legal profession. The volume provides insights into legal culture and ethics in a range of countries and makes connections between countries providing valuable insights into developments in the profession at the local and global level.

Third-Party Litigation Finance

Third-Party Litigation Finance
Author: Anthony J. Sebok
Publisher: Aspen Publishing
Total Pages: 864
Release: 2024-01-31
Genre: Law
ISBN:

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Buy a new version of this textbook and receive access to the Connected eBook on Casebook Connect, including lifetime access to the online ebook with highlight, annotation, and search capabilities. Access also includes an outline tool and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes. Litigation finance sits at the intersection of many well-known subjects within the law school curriculum: contracts, torts, civil procedure, evidence, professional responsibility, insurance, and capital markets. There are no professionally produced materials for a professor who wants to teach an entire semester-long course on litigation finance. This casebook is an attempt to fill that gap. Its ten chapters provide a foundation for a two- or three-credit class, although many of the chapters could also be used individually as supplemental material for a free-standing unit on litigation finance in another course, such as torts, civil procedure, or the law of lawyering. Notwithstanding the fact that the law of litigation finance is rapidly developing as investment in litigation and legal services grows, the cases and other materials contained in this book will remain relevant and useful to anyone trying to teach students about this important new body of law. Benefits for instructors and students: Careful selection of the leading cases in the United States about the development and current law of assignment and litigation finance. Diverse selection of secondary source material, including major law review articles, as well as reports and advocacy materials from supporters and critics of litigation finance. Notes following the readings help the student progress through the materials in a logical and coherent manner.

The Practice of Justice

The Practice of Justice
Author: William H. Simon
Publisher: Harvard University Press
Total Pages: 264
Release: 2009-06-30
Genre: Law
ISBN: 0674043669

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Should a lawyer keep a client's secret even when disclosure would exculpate a person wrongly accused of crime? The Practice of Justice is a fresh look at this and other traditional questions about the ethics of lawyering.

The Law and Business of Litigation Finance

The Law and Business of Litigation Finance
Author: Steven Friel
Publisher: Bloomsbury Publishing
Total Pages: 492
Release: 2020-12-01
Genre: Law
ISBN: 1526515261

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The Law and Business of Litigation Finance considers the international development of the law and practice of high value litigation and arbitration funding. It is an essential guide for those who provide or seek such funding, as well as for anyone who wishes to understand the litigation funding process and to avoid pitfalls. It answers questions such as: - How do litigation funders raise capital and how do they spend it? - What are their corporate and financial structures? - What type of cases do they invest in and what are their returns? - What are the key legal issues relating to litigation funding? The Law and Business of Litigation Finance assists various parties, including: - Those who do not have the resources or risk appetite to proceed in litigation or arbitration without financial support - Law firms who are interested in a significant business development opportunity, and fairer outcome for litigants - Insolvent estates, whose biggest assets are their potential claims - Judges, arbitrators and other neutral parties in funded dispute resolution cases - Regulators, legislators and policymakers in the fields of legal and financial services - Investors who seek high risk, high return opportunities The book is edited by one of the most accomplished litigation funders in the international market and has contributions from leading experts drawn from legal practice, financiers and academia. The focus is on the UK and the US, the two main centres for the international litigation funding industry, with reference to Australia, New Zealand and other select jurisdictions. As the first book on litigation finance to take an international, and particularly transatlantic, perspective, this is a must-have guide for all lawyers, commercial court judges, legal policy makers, regulators, investors, and academics in these jurisdictions.