Civil Litigation
Nov. 12, 2024
How defense lawyers can protect public trust by regulating litigation funding
Alternative litigation funding, where third parties finance lawsuits for interest or a share of potential recovery, is growing. This raises ethical concerns like conflicts of interest, high fees, and potential abuse. With little guidance from the California State Bar, defense lawyers now act as the guardians of public trust in this area.
Carol M. Langford
Attorney
Attorney Ethics and Discipline
Langford has taught ethics at U.C. Berkeley Law and the University of San Francisco School of Law. She served as chair of the Committee on Professional Responsibility and Conduct in California, and on the Commission for the Revision of the Rules of Professional Conduct.
If you ask anyone in the American court system who is the most protective of the public interest, their response will almost always be, "The plaintiff's lawyers, of course!" No surprise there; Americans have always had a fascination for the David and Goliath story of a lawyer fighting against a greedy corporation turning a blind eye to product safety, an overzealous police officer, or an unsafe workplace. This is embedded in our DNA since the American Revolution, when our anc...
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