Proposed Attorney Guidance an ‘Alert’ on Litigation Finance

Proper written disclosures, ensuring against undue influence, and following ethics rules highlight a proposed American Bar Association best-practices guide for attorneys considering litigation funding representation.

It’s meant to “alert lawyers as to what’s going on” in litigation funding and to show them how to protect their clients and avoid ethical pitfalls, said Jeffrey J. Greenbaum, an attorney with Sills Cummis & Gross in Newark, N.J.

He’s also co-chair of the ABA’s Section of Litigation’s Federal Practice Task Force and the Task Force on Efficient Justice, which is set to present the proposed guide, Resolution 111A, to the association’s House of ...