Julia Gewolb, left, and Ralph J. Sutton, right, of Validity Finance. Courtesy photos California Bar Simplifies Lawyers' Obligations to Clients in Funded Matters
Lawyers and clients alike will benefit from the State Bar committee's guidance on how to safely navigate the ethical rules while preserving litigants' access to the courts, says Julia Gewolb and Ralph Sutton of litigation funder Validity Finance.
October 21, 2020 at 06:40 PM
5 minute read
The State Bar of California is the latest to weigh in on the ethical issues that arise for lawyers when a client seeks third-party funding. Formal Opinion No. 2020-204 reflects the relatively well-established use of litigation funding in the state and is largely consistent with the conclusions reached by courts and bar committees across the country. The conclusions are straightforward: The existing rules of professional conduct suffice to protect clients seeking funding; funding may implicate a lawyer's duty of competence, to maintain independent professional judgment, or of confidentiality; but all such issues are manageable with proper care and disclosure (where called for).
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