The Case For Lawyer-Directed Litigation Funding In NY: Part 2

Law360 (January 11, 2019, 1:55 PM EST) -- In part one of this article, we provided a brief overview of lawyer-directed litigation funding agreements and some of the reasons that such transactions are important in our current legal system (e.g., at least some class-action, mass tort and public interest cases can only be pursued because of them). We then discussed the language, purpose and some of the prior interpretations of RPC 5.4(a) and its predecessor, former DR 1-302(A). In part two, we delve deeper into the stated purpose of the rule: to protect the professional judgment of lawyers. Specifically, we explain why, in our view, lawyer-directed, nonrecourse litigation funding...

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