The Issues and Ethics of Litigation Financing

Third-party litigation financing has become big business in the United States, potentially influencing whether certain cases go to trial or get settled. It also raises a host of ethical issues for the lawyers involved. While Insurance companies have financed the defense side of litigation for 150 years, contingency fee law firms have financed litigation through partnerships, joint ventures, and bank loans. Join us for this thought-provoking program on the state of litigation funding, with a focus on lawyers’ roles and ethical duties in the emerging field of litigation finance. Our expert panel, including a Federal judge, will engage you as they explore the following: - Lawyers’ roles in relation to litigation finance - Potential conflicts and corresponding ethical duties - Similarities and differences between the most established form of investment-backed third-party litigation funding – liability insurance – and the newer, plaintiff-side funding, with a focus on lawyers’ roles and ethical duties - Proposals for regulation by courts, bar associations, legislatures and what they could mean for lawyers’ roles and duties.