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Alternative Litigation Finance And The Work Product Doctrine
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Book Synopsis Alternative Litigation Finance and the Limits of the Work-Product Doctrine by : Maria Glover
Download or read book Alternative Litigation Finance and the Limits of the Work-Product Doctrine written by Maria Glover and published by . This book was released on 2017 with total page 33 pages. Available in PDF, EPUB and Kindle. Book excerpt: As third-party funding of litigation begins to take hold in the United States, debates about the normative value of such arrangements have heated up among scholars, practitioners, and policymakers. Meanwhile, such arrangements are up and running-providing capital for parties in various cases. As a result, while higher-level debates remain ongoing, courts have had to grapple with on-the-ground issues at the intersection of such funding arrangements and the operation of the Federal Rules of Civil Procedure. In particular, as this essay addresses, courts have begun to deal with the question of whether and to what extent materials created in the course of obtaining and making use of third-party funding in litigation qualify for work-product protection under Rule 26.
Book Synopsis Alternative Litigation Finance and the Work-Product Doctrine by : Grace M. Giesel
Download or read book Alternative Litigation Finance and the Work-Product Doctrine written by Grace M. Giesel and published by . This book was released on 2016 with total page 59 pages. Available in PDF, EPUB and Kindle. Book excerpt: The United States judicial system is in the midst of great and fundamental change with regard to the funding of litigation. Historically, parties financed litigation out of their own literal or figurative pockets or, perhaps with the assistance of some sort of contingent fee representation. Third-party financing of litigation was frowned upon, if not specifically forbidden. But, now, third-party litigation funding entities have begun, with much more frequency and success, to provide funding for small matters such as individual personal injury claims as well as larger commercial litigation matters between businesses. The demand for this alternative litigation finance ("ALF") clearly exists, and the supply of funding has developed despite historical obstacles. Doctrines such as champerty have faded somewhat form the legal landscape, and old fears of having litigation funded and controlled by evil actors equal to the worst villain in any Dickens novel have receded in light of the notion that everyone deserves access to justice regardless of bank account balance.
Book Synopsis Third-Party Funding in International Arbitration by : Lisa Bench Nieuwveld
Download or read book Third-Party Funding in International Arbitration written by Lisa Bench Nieuwveld and published by Kluwer Law International B.V.. This book was released on 2016-04-24 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the first edition of this invaluable book in 2012, third-party funding has become more mainstream in international arbitration practice. However, since even the existence of a third-party funding agreement in a dispute is often kept secret, it can be difficult to glean the specifics of successful funding agreements. This welcome book, now updated, expertly reveals the nuances of third-party funding in international arbitration, examines the phenomenon in key jurisdictions, and provides a reliable resource for users and potential users that may wish to tap into and make use of this distinctive funding tool. Focusing on Australia, the United Kingdom, the United States, Germany, the Netherlands, Canada, and South Africa, the authors analyze and assess the legal regime based upon legislation, judicial opinions, ethics opinions, and practitioner anecdotes describing the state of third-party funding in each jurisdiction. In addition to updating summaries of the law of the various jurisdictions, the second edition includes a new chapter addressing third-party funding in investor-state arbitration. Among the issues raised and examined are the following: · payment of adverse costs; · “Before-the-Event” (BTE) and “After-the-Event” (ATE) insurance; · attorney financing: pro bono representation, contingency representation, conditional fee arrangements; · loans; · ethical doctrines affecting the third-party funding industry; · possible future bundling, securitization, and trading of legal claims; · risk that the funder may put its own interests ahead of the client’s interests; and · whether the existence of a funding agreement must or should be disclosed to the decision maker. The second edition also includes discussion of recent institutional developments as they relate to third-party funding, including the work of the ICCA-Queen Mary Task Force on Third-Party Funding and how third-party funding is being incorporated into arbitral rules and investment treaties. Ably providing a thorough understanding of what third-party funding entails and what legal parameters exist, this book will be of compelling interest to parties aiming to take advantage of the high values, speed, reduced evidentiary costs, outcome predictability, industry expertise, and high award enforceability characteristic of the third-party funding arrangements available in international arbitration.
Author :American Bar Association. House of Delegates Publisher :American Bar Association ISBN 13 :9781590318737 Total Pages :216 pages Book Rating :4.3/5 (187 download)
Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Book Synopsis The Third Party Litigation Funding Law Review by : Leslie Perrin
Download or read book The Third Party Litigation Funding Law Review written by Leslie Perrin and published by . This book was released on 2019 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Investing in Justice by : Max Volsky
Download or read book Investing in Justice written by Max Volsky and published by . This book was released on 2013-04 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: Alternative assets have become popular in recent years, mainly because they offer superior returns and are uncorrelated to traditional markets. Legal finance also called lawsuit funding, lawsuit loans, pre-settlement funding, tort advances, plaintiff advances, litigation finance, litigation financing, litigation funding or dispute finance refers to investments in lawsuits. Written by a renowned expert, this book is essential reading for investors, consumers, lawyers, policymakers, business executives, and anyone who can benefit from having a clear and comprehensive framework for understanding this industry and its capacity to create more balanced and provident legal systems around the world. Join us as we explore this new market and examine the industry s most poignant issues.
Book Synopsis Third Party Funding by : Gian Marco Solas
Download or read book Third Party Funding written by Gian Marco Solas and published by Cambridge University Press. This book was released on 2019-09-26 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: Looks at legal, economic and policy issues related to third party funding in common law, civil law jurisdictions and international contexts.
Book Synopsis Regulation Versus Litigation by : Daniel P. Kessler
Download or read book Regulation Versus Litigation written by Daniel P. Kessler and published by University of Chicago Press. This book was released on 2011-02 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: The efficacy of various political institutions is the subject of intense debate between proponents of broad legislative standards enforced through litigation and those who prefer regulation by administrative agencies. This book explores the trade-offs between litigation and regulation, the circumstances in which one approach may outperform the other, and the principles that affect the choice between addressing particular economic activities with one system or the other. Combining theoretical analysis with empirical investigation in a range of industries, including public health, financial markets, medical care, and workplace safety, Regulation versus Litigation sheds light on the costs and benefits of two important instruments of economic policy.
Book Synopsis Public Interest Lawyering by : Alan K. Chen
Download or read book Public Interest Lawyering written by Alan K. Chen and published by Aspen Publishing. This book was released on 2014-12-09 with total page 915 pages. Available in PDF, EPUB and Kindle. Book excerpt: Public Interest Lawyering is the first comprehensive analysis of public interest lawyering that is suitable as a law school elective text and/or advanced legal profession courses and seminars. Drawing upon a range of theoretical and empirical perspectives, this timely textbook examines the lives of public interest lawyers, the clients and causes they serve, the contexts within which they work, the strategies they deploy, and the challenges they face today. Features: The first comprehensive overview of the broad range of contemporary issues faced by public interest lawyers in any American law school text. Thorough discussion of important theoretical issues about the scope and definition of public interest lawyering. Addresses American public interest law from a historical perspective with focus on current issues. Expansive examination of the settings in which public interest practice occurs, including nonprofit organizations, government agencies, and private law firms. Presents the advantages and limits of different legal strategies in public interest practice, including lobbying, public education, community organizing, and community economic development. Addresses contemporary challenges of public interest law in context, including economics and financing, legal ethics, the role of legal education, and the globalization of public interest practice. Discusses critiques of public interest law, including a reflection about the role of lawyers in social movements that addresses contemporary critiques. Ethical obligations of public interest lawyers. Explores special issues related to lawyer-client relations in social change contexts. Extensive coverage of: Models of law reform organizations. Conservative cause lawyering. Government lawyers. The economics of social change lawyering. Global social change lawyering.
Book Synopsis In Litigation by : Herbert M. Kritzer
Download or read book In Litigation written by Herbert M. Kritzer and published by Stanford University Press. This book was released on 2003 with total page 452 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book collects in a single volume Marc Galanter's seminal work, "Why the 'Haves' Come Out Ahead," with ten contemporary articles about Galanter's theory. The articles, which present new research results and synthesize work done over the past few decades, examine the lasting influence and continued importance of this groundbreaking work.
Book Synopsis The Law and Business of Litigation Finance by : Steven Friel
Download or read book The Law and Business of Litigation Finance written by Steven Friel and published by Bloomsbury Publishing. This book was released on 2020-12-01 with total page 492 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Law and Business of Litigation Finance considers the international development of the law and practice of high value litigation and arbitration funding. It is an essential guide for those who provide or seek such funding, as well as for anyone who wishes to understand the litigation funding process and to avoid pitfalls. It answers questions such as: - How do litigation funders raise capital and how do they spend it? - What are their corporate and financial structures? - What type of cases do they invest in and what are their returns? - What are the key legal issues relating to litigation funding? The Law and Business of Litigation Finance assists various parties, including: - Those who do not have the resources or risk appetite to proceed in litigation or arbitration without financial support - Law firms who are interested in a significant business development opportunity, and fairer outcome for litigants - Insolvent estates, whose biggest assets are their potential claims - Judges, arbitrators and other neutral parties in funded dispute resolution cases - Regulators, legislators and policymakers in the fields of legal and financial services - Investors who seek high risk, high return opportunities The book is edited by one of the most accomplished litigation funders in the international market and has contributions from leading experts drawn from legal practice, financiers and academia. The focus is on the UK and the US, the two main centres for the international litigation funding industry, with reference to Australia, New Zealand and other select jurisdictions. As the first book on litigation finance to take an international, and particularly transatlantic, perspective, this is a must-have guide for all lawyers, commercial court judges, legal policy makers, regulators, investors, and academics in these jurisdictions.
Book Synopsis Legal Opinion Letters by : M. John Sterba
Download or read book Legal Opinion Letters written by M. John Sterba and published by Wolters Kluwer. This book was released on 2002-12-01 with total page 1903 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Evidence and the Litigation Process by : Jeffrey Pinsler
Download or read book Evidence and the Litigation Process written by Jeffrey Pinsler and published by . This book was released on 2020 with total page 1183 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Professional Responsibility by : Nathan M. Crystal
Download or read book Professional Responsibility written by Nathan M. Crystal and published by Aspen Publishing. This book was released on 2024-02-01 with total page 845 pages. Available in PDF, EPUB and Kindle. Book excerpt: Professional Responsibility: Problems of Practice and the Profession, Eighth Edition, is known for its flexibility and adaptability to different teaching methods and student learning styles. The text is easily adaptable to a variety of teaching methods, including question and answer discussion of text and problems, role play, student presentations, guest speakers, and writing seminars. The book is structured to enable instructors to present the materials doctrinally or by area of practice. The extensive multifaceted problems provide instructors with a wide range of options for presenting the material. The authors have carefully crafted the text so that reading assignments are reasonable – typically 10-15 pages for a one-hour session and 20-25 pages for a two-hour session. The book offers three types of problems, each of which has a specific purpose in the student’s ethical education. The text and principal discussion problems are designed to help students develop the ability to make sound judgments for difficult questions of professional responsibility. Each chapter contains Rule Review questions that present multiple hypotheticals enabling students to understand the scope and limitations of important rules of professional conduct. Multiple-choice assessment questions at the end of each chapter with detailed answers help the students review major concepts in the chapter and prepare for the MPRE. New to the Eighth Edition: Length shortened by almost 200 pages, to focus on the most important ethical issues for two-hour courses, which are now the standard. A number of problems have been moved from the text to the website and are still available for professors who have used them in the past. More in-depth discussion of the duty of confidentiality, including comparing the scope of the duty of confidentiality in New York, the District of Columbia, and California with ABA Model Rule 1.6; examining the concepts of use and disclosure; and adding analysis of the “possession exception” to the duty of confidentiality focusing on the lawyer’s decision to take possession of such evidence and the distinction between tangible criminal material and real incriminating evidence. Coverage of a number of contemporary issues involving ethics and technology, including ethical propriety of a lawyer responding to on-line criticism and the ethical aspects of a lawyer’s use of artificial intelligence. Additional material on the obligations of defense counsel and prosecutors, including defense counsel’s obligations when advising a client regarding a competency defense and new problem material on prosecutors’ ethical obligations under Rule 3.8 dealing with evidence of a wrongful conviction. Revised material on delivery of legal services, including new material on removal of restrictions on the unauthorized practice of law, comments on legal services plans and delivery of legal services in criminal cases, and pro bono services offered by law firms. Post-2020 ethical issues, including the application of the crime-fraud exception to the attorney-client privilege and issues of frivolous claims in litigation involving the 2020 Presidential election; new material on Justice Department investigation of “pattern and practice” investigations of a number of city police departments; and scrutiny of financial benefits received by Supreme Court Justices. Benefits for instructors and students: Realistic problems that develop students’ ability to make sound judgments. Emphasis on guiding students to articulate a cogent philosophy of lawyering. Innovative, flexible organization suited to a variety of courses and clinical programs. Organized by major doctrinal concepts, such as confidentiality and conflicts of interest. Offers alternative organization by area of practice. Modular organization for professor choice. Manageable length. Extensive Teacher’s Manual suggests lessons, sample syllabi (for two- and three-hour classes), Q & A, and role-playing models. Multiple-choice assessment questions and answers located at the end of each chapter to prepare students for the MPRE. PowerPoint slides dealing with fundamental concepts and the basic problems presented in the book. Essay questions with outlines of answers on the course website that instructors can use for class discussion or student review.
Book Synopsis Humor in the Salt Mines by : Asa Rountree
Download or read book Humor in the Salt Mines written by Asa Rountree and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Asa Rountree was born in Birmingham, Alabama. A graduate of the University of Alabama and Harvard Law School, he practiced law as corporate litigator and trial lawyer. He spent most of his career in New York City as a partner at Debevoise & Plimpton LLP, before he retired from that firm and returned to Birmingham as a shareholder at Maynard, Cooper & Gale, P.C. He was a prolific and broad ranging writer and penned titles such as The Roman Republic : An Historical Parallel?; Human Nature, Morality, and the State; and Words : Essays and Other Words. He was, he like to say, a consummate collector of rejection slips. This book collects Asa's well-honed views on how to practice law. His advice is timeless and true, funny and practical. It also hints at the great pleasure that can be had in aiming for excellence as a lawyer. Asa's memos shaped generations of lawyers who had the good luck to work with him"--Page 4 of cover.
Book Synopsis Review of Civil Litigation Costs by : Great Britain. Ministry of Justice
Download or read book Review of Civil Litigation Costs written by Great Britain. Ministry of Justice and published by The Stationery Office. This book was released on 2010 with total page 388 pages. Available in PDF, EPUB and Kindle. Book excerpt: In January 2009, the then Master of the Rolls, Sir Anthony Clarke, appointed Lord Justice Jackson to lead a fundamental review of the rules and principles governing the costs of civil litigation. This report intends to establish how the costs rules operate and how they impact on the behavior of both parties and lawyers.
Book Synopsis The End of Policing by : Alex S. Vitale
Download or read book The End of Policing written by Alex S. Vitale and published by Verso Books. This book was released on 2017-10-10 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: The massive uprising following the police killing of George Floyd in the summer of 2020--by some estimates the largest protests in US history--thrust the argument to defund the police to the forefront of international politics. It also made The End of Policing a bestseller and Alex Vitale, its author, a leading figure in the urgent public discussion over police and racial justice. As the writer Rachel Kushner put it in an article called "Things I Can't Live Without", this book explains that "unfortunately, no increased diversity on police forces, nor body cameras, nor better training, has made any seeming difference" in reducing police killings and abuse. "We need to restructure our society and put resources into communities themselves, an argument Alex Vitale makes very persuasively." The problem, Vitale demonstrates, is policing itself-the dramatic expansion of the police role over the last forty years. Drawing on first-hand research from across the globe, The End of Policing describes how the implementation of alternatives to policing, like drug legalization, regulation, and harm reduction instead of the policing of drugs, has led to reductions in crime, spending, and injustice. This edition includes a new introduction that takes stock of the renewed movement to challenge police impunity and shows how we move forward, evaluating protest, policy, and the political situation.
