Abstract

http://ssrn.com/abstract=1793363
 
 

Footnotes (212)



 


 



Litigation Finance Ethics: Paying Interest


Jennifer Anglim Kreder


Northern Kentucky University - Salmon P. Chase College of Law

Benjamin A. Bauer


Northern Kentucky University - Salmon P. Chase College of Law

April 18, 2013

2013 J. Prof. Law. 1 (2013)

Abstract:     
Over the last two decades, a shift in legal ethics has given rise to an expanding industry that specializes in lending money for the purpose of financing litigation. Plaintiffs and their attorneys now have a number of possible financing options that can provide the resources necessary to pursue their claims more fully. However, financing comes at a cost, and the question of who pays the cost implicates several ethical issues for attorneys. This article analyzes the propriety of attorneys borrowing funds for financing litigation and passing the funding expenses – origination costs and loan interest – through to their clients. It begins by tracing the evolution of the relevant legal ethics rules over the past century and reviewing the requirements that jurisdictions have imposed on attorneys seeking to pass litigation finance costs through, continues with an analysis of the leading case on point, and concludes with a review of a recent case that illustrates the obstacles that attorneys can encounter when seeking to pass litigation financing costs through to clients.

Number of Pages in PDF File: 36

Keywords: Litigation Financing, Legal Ethics

JEL Classification: K10

Accepted Paper Series





Download This Paper

Date posted: March 28, 2011 ; Last revised: September 6, 2013

Suggested Citation

Kreder, Jennifer Anglim and Bauer, Benjamin A., Litigation Finance Ethics: Paying Interest (April 18, 2013). 2013 J. Prof. Law. 1 (2013). Available at SSRN: http://ssrn.com/abstract=1793363

Contact Information

Jennifer Anglim Kreder (Contact Author)
Northern Kentucky University - Salmon P. Chase College of Law ( email )
Nunn Hall
Highland Heights, KY 41099
United States
859-572-5889 (Phone)
859-572-5342 (Fax)
Benjamin A. Bauer
Northern Kentucky University - Salmon P. Chase College of Law ( email )
Nunn Hall
Highland Heights, KY 41099
United States
Feedback to SSRN


Paper statistics
Abstract Views: 421
Downloads: 88
Download Rank: 174,155
Footnotes:  212

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo1 in 0.375 seconds