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Litigation Funding During The Pandemic (The Recorder)

The Recorder, December 28, 2020

Litigation Funding During The Pandemic

While there still are ethical parameters that shape the relationship between funder and litigant, the legal community at large is recognizing the positive attributes of litigation funding. For example, a few years ago, the New York City bar issued an opinion that was very critical of litigation funding and suggested that such arrangements could run contrary to the ethical rules against fee-sharing with non-lawyers. Earlier this year, however, the Litigation Funding Working Group of the New York City Bar Association issued a 91-page report reflecting its study of litigation funding and concluding, among other things, that ‘lawyers and the clients they serve would benefit if lawyers have less restricted access to funding,’ recommending that there should not be mandatory disclosure requirements in courts relating to funding arrangements, and identifying specific rule changes that may be warranted.

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