Most lawyers have a vague recollection that it is unlawful for a stranger to a controversy to fund a lawsuit. It is called “maintenance.” Of course, there are important exceptions, so that, for example, an attorney can, as a general rule, represent a client on a contingent fee basis or can advance the costs of litigation. Current events concerning a billionaire’s backing of a tort case brought by another individual raise issues of a different kind and deserve the attention of the Legislature.
PayPal co-founder Peter Thiel, a very well-heeled person, has been unmasked as having provided the funds for Hulk Hogan (his real name is Terry Gene Bollea) to sue Gawker Media for invasion of privacy (think: sex tape). Mr. Thiel reportedly paid Bollea’s lawyer. Bollea succeeded in obtaining a $140 million judgment against Gawker. Thiel’s apparent interest in hassling Gawker? It had outed him as gay years before.
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