Law Commons^™

Paying The Piper But Not Calling The Tune: Litigation Financing And Professional Independence, W. Bradley Wendel

Akron Law Review

Most commercial litigation financing agreements are designed to create distance between the funders of the litigation and legal counsel. Our legal system demands that third party litigation financiers refrain from interfering with a client’s decisions in their matter, and traditional third-party litigation financing is merely a passive profit-making opportunity. There are cases, however, where the litigation financier is not interested in making a profit, but instead wishes to participate in the litigation for political, ideological, or personal reasons. In this article, I will explore whether what I call “interested litigation financing” is an exercise of First Amendment rights or is …