Institutionalize Litigation Funding: Ethics Rules Need to Be Reviewed, Clarified and Legislated (Forbes)

Forbes, August 2, 2019

Institutionalize Litigation Funding: Ethics Rules Need to Be Reviewed, Clarified and Legislated

“July 30, 2018, legal ethics opinion from the New York City Bar Association (“NYCBA”) raised concerns that non-recourse litigation funding agreements could violate rule 5.4 of the Rules of Professional (Attorney) Conduct. Rule 5.4 states that lawyers may not share fees with non-lawyers, and its purpose is to protect the lawyer’s “professional independence” of judgment. The NYCBA concerns are also shared by certain other bar associations.”

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