Lesser-Known Litigation Funding Best Practices For Attorneys

Law360 (August 11, 2020, 2:12 PM EDT) -- Although well-publicized, the American Bar Association's recently adopted best practices[1] for third-party litigation funding have not been without criticism — particularly because the drafting appears to have occurred with limited input from actual members of the funding industry.

While potentially helpful as an issue-spotting guide for funding novices, the ABA's guidance lacks practical guidance for the most common users of funding: sophisticated commercial litigators.

In light of the publication of the ABA best practices, we thought it would be timely to provide a set of practical, lesser-discussed considerations that we, as funders, explain to attorneys on a daily basis.

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