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NY Law Firm Can’t Refer Clients to Funder Married to Ex Partner

Nov. 3, 2020, 5:04 PM

A law firm can’t refer clients to a litigation funder married to an attorney associated with the firm even if he is listed as “retired” on the firm’s website, the New York State Bar Association said.

The bar’s ethics committee opinion on Nov. 2 noted that it had addressed a similar issue in 2011. In that case, the lawyer was active in the firm. Here, the inquiring lawyer is a former partner who is listed as ‘retired’ and ‘of counsel’ on the firm’s materials and has no equity interest in the firm,” the opinion said.

Litigation funders are third parties ...

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