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Third-Party Litigation Financing

Industry Standards

American Bar Association Best Practices for Third-Party Litigation Funding (August 2020)

American Bar Association Model Rules of Professional Conduct (“Model Rules”)

  • Model Rule 1.8(f) prohibits a lawyer from accepting compensation for representing a client from a third-party unless the client gives informed consent, there is no interference with the lawyer’s professional judgment or client–lawyer relationship, and client information is kept confidential.​
  • Model Rule 5.4(a) prohibits an attorney or law firm from sharing legal fees with a nonlawyer except in limited circumstances. Under Model Rule 5.4(c), a lawyer shall not permit a person who recommends, employs, or pays the lawyer to render legal services for another to direct or regulate the lawyer’s professional judgment in rendering such legal services.

ABA Commission on Ethics 20/20 White Paper on Alternate Litigation Finance 15–39 (Feb. 2012)

Alliance for Responsible Consumer Legal Funding, Industry Best Practices

American Legal Financial Association, Code of Conduct

Bentham IMF, Code of Best Practices (Apr. 2016)

Alternative Litigation Financing in the United States: Issues, Knowns, and Unknowns, Steven Garber (RAND Corp. 2010)