Working Paper No. 13-54:
Alternate Dispute Financing and Legal Ethics: Free the Lawyers!
Date Posted: October 2013
Abstract (below) | Full text (most recent) on SSRN
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.