Litigation Financing and the Former-Client Conflict Rule

Legal Ethics in the News – NYC Bar Association · Litigation Financing and the Former-Client Conflict Rule


Stephen Gillers and Barbara S. Gillers discuss Litigation Financing, also known as Litigation Funding, an umbrella term to describe situations in which a person or organization invests in the claim of another person or organization. They then discuss Rule 1.9(a), a conflict rule that describes duties to former clients.

Stephen is the Elihu Root Professor of Law and Barbara is an Adjunct Professor of Law, both at New York University School of Law.

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Reference List for Podcast Two – Litigation Financing and the Former-Client Conflict Rule

Litigation Funding

City Bar, Report to the President by Litigation Funding Working Group, February 28, 2020: https://www.nycbar.org/reports/report-to-the-president-by-litigation-funding-working-group/

City Bar Opinion 2018-5: https://www.nycbar.org/reports/formal-opinion-2018-5-litigation-funders%ef%bf%bd%ef%bf%bd%ef%bf%bd-contingent-interest-in-legal-fees/


Material Adversity 

T.C. Theater Corp. v. Warner Bros. Pictures, 113 F.Supp. 265 (S.D.N.Y. 1953) 

ABA Formal Opinion 497 (February 2021)

Zerger & Mauer LLP v. City of Greenwood, 751 F.3d 928 (8 th Cir. 2014)

Plotts v. Chester Cycles LLC, 2016 WL 614023 (D. Ariz. Feb. 16, 2016)

Kassis v. Teacher’s Insurance and Annuity Ass’n, 93 N.Y.2d 611 (1999)