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Litigation Funding in a COVID-19 World (New York Law Journal)

New York Law Journal, June 15, 2020

Litigation Funding in a COVID-19 World

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 nonlawyers. This spring, 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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