Anthony Davis Discusses New Ethics Opinion on Litigation Funding and How it Incorrectly Interprets New York RPC 5.4

September 11, 2018

Anthony Davis' most recent authored article in the New York Law Journal is titled "New Ethics Opinion on Litigation Funding Gets It Wrong." In this edition of his regular NYLJ column, Davis—along with Anthony Sebok, Professor of Law and Co-Director of the Jacob Burns Center for Ethics in the Practice of Law, Benjamin N. Cardozo School of Law—addresses how the New York City Bar Ethics Committee's Formal Opinion 2018-5: Litigation Funders' Contingent Interest in Legal Fees incorrectly interprets New York Rule of Professional Conduct (RPC) 5.4.

Based on the reasons the authors outline in the article, they call on the committee to withdraw Opinion 2018-5 for reconsideration and recommend that the committee engage in an "extensive process of consultation that would include litigation funders and the wider profession."

Read the full article (PDF)

Read "New Ethics Opinion on Litigation Funding Gets It Wrong," on the New York Law Journal website (subscription may be required)

Hinshaw & Culbertson LLP is a U.S. based law firm with offices in 11 states and London. The firm's national reputation spans the insurance industry, the professional services sector—including representation of law firms and lawyers—and other highly regulated industries, such as banking and finance and the debt collection sector. Hinshaw also provides a series of closely coordinated litigation, business advisory and transactional services to clients of all sizes as well as governmental and public sector entities.