1-Hour Program

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Overview

The legal and business communities are quickly realizing the economic value that litigation funding affords to parties pursuing and handling high-stakes commercial litigation. Law firms that may not have even considered using litigation finance five years ago are now being driven by their clients to carry some of the risks of litigation alongside them. Litigation finance makes it possible for firms to do so in coordination with a funder that acts as a risk-sharing partner. Getting comfortable with that proposition, however, requires a thorough understanding of how to navigate issues such as:
  • Adhering to the Model Rules of Professional Conduct, including:
    • Maintaining your independent professional judgment
    • Avoiding conflicts of interest
    • Maintaining client confidences
  • Dealing with champerty and maintenance issues where they exist
  • Protecting the attorney client and work product privileges
  • Navigating disclosure issues

In this engaging and informative program, participants will learn how to use litigation funding ethically and in a way that provides clients a means of financing expensive litigation. James Batson, head of Bentham IMF’s New York office will address common litigation finance models and how those models intersect with the growing body of litigation finance case law. A detailed appendix will be provided containing the ethics opinions and additional contents discussed during the program.

 

Learning Objectives:

  • Gain an understanding of how different litigation finance arrangements are structured and the clauses they typically contain
  • Learn how litigation finance and attorney ethics rules intersect, including a discussion of the applicable Rules of Professional Conduct.
  • Review recent case law developments on the subject
  • Learn how litigation finance can be ethically integrated into each step of litigation strategy (including on appeal)

 

Program Level:  Overview 

Intended Audience:  In-house counsel, outside attorneys, project managers, corporate officers, and other allied professionals involved in high-stakes commercial litigation  

Prerequisites:  None

Advanced Preparation:  None 

 

Credit Details

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