Abstract

http://ssrn.com/abstract=2335644
 


 



Alternate Dispute Financing and Legal Ethics: Free the Lawyers!


Michael I. Krauss


George Mason University School of Law

October 3, 2013

Mississippi College Law Review, Vol. 32, pp. 247-266, 2013
George Mason Law & Economics Research Paper No. 13-54

Abstract:     
As is the case for many of our entitlements, our rights of action are protected by a less-than-full property rule. As a result, financing of litigation has been limited. The recent rise of alternate dispute financing has raised serious ethical problems. In this Article, I discuss those problems, dismiss some (but not all) of them, and suggest that pushing the protection of our entitlement to sue closer to a property rule might alleviate those problems that remain.

Number of Pages in PDF File: 21

Keywords: alternate litigation financing, ALF, attorney’s fees, contingent fee, economic analysis of law, law and economics, legal ethics, legal profession, partial inalienability, securitization, tort, Vosburg v. Putney

JEL Classification: J33, J41, J44, K11, K12, K13, K41

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Date posted: October 6, 2013 ; Last revised: March 19, 2014

Suggested Citation

Krauss, Michael I., Alternate Dispute Financing and Legal Ethics: Free the Lawyers! (October 3, 2013). Mississippi College Law Review, Vol. 32, pp. 247-266, 2013; George Mason Law & Economics Research Paper No. 13-54. Available at SSRN: http://ssrn.com/abstract=2335644

Contact Information

Michael I. Krauss (Contact Author)
George Mason University School of Law ( email )
3301 Fairfax Drive
Arlington, VA 22201
United States
703-993-8024 (Phone)
703-993-8124 (Fax)
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