It Can Be Risky For Litigators To Advise On Litigation Funding

Law360 (March 6, 2020, 2:33 PM EST) -- With the growth of litigation funding, one phenomenon has become more and more visible to those who see these transactions up close: A number of trial lawyers representing litigants seeking funding appear to be serving as both litigator and banker to their clients. That’s a slippery slope — one that lawyers must really think through before putting on both hats.

Of course, in the moment, wearing both hats can seem a natural fit. When the possibility of (or need for) funding arises for a client, their trial lawyer is often their hero and new best friend — a knight with armor...

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