Ethical Issues in Litigation Finance (2023 Update)

The use of litigation financing continues to engender spirited debate within the legal community. Attorney ethics requirements are a central focus of this debate – both for in-house counsel and private practitioners. Some of the major issues include an attorney's duty to protect the attorney-client and work product privileges, use independent professional judgment and avoid conflicts of interest.

In this engaging and informative program, participants will learn how to use non-recourse litigation funding to, among other things, finance their cases, obtain working capital, and create case portfolios. The program will address the basics of litigation finance, how the applicable Rules of Professional Responsibility intersect with litigation funding and recent notable legal decisions that have impacted the use of finance (such as new disclosure rules). A detailed appendix will be provided containing the ethics opinions and additional contents discussed during the program.

Learning Objectives:

1. Review the evolution and foundations of litigation finance

2. Consider the ways that litigation finance and attorney ethics intersect.

3. Discuss the impact of recent legal case decisions on the subject

4. Ethically integrate litigation financing into every step of litigation strategy (including on appeal)