Alternate Dispute Financing and Legal Ethics: Free the Lawyers!
Mississippi College Law Review, Vol. 32, pp. 247-266, 2013
21 Pages Posted: 6 Oct 2013 Last revised: 19 Mar 2014
Date Written: October 3, 2013
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.
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
Suggested Citation: Suggested Citation