Conflicts Of Interests Between Claimholders Lawyers And Litigation Entrepreneurs
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Conflicts Of Interests Between Claimholders Lawyers And Litigation Entrepreneurs
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Author : Vicki C. Waye
language : en
Publisher:
Release Date : 2013
Conflicts Of Interests Between Claimholders Lawyers And Litigation Entrepreneurs written by Vicki C. Waye and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with categories.
Relationship between legal practitioner, litigation funder and client - types of conflicts of interest - ensuring that conflict of interest issues are adequately protected in funded proceedings - mechanisms for regulating the lawyer-client relationship - fiduciary duty - models of proceedings management - results of survey of business practices of litigation funders.
Trading In Legal Claims
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Author : Vickie Waye
language : en
Publisher:
Release Date : 2007
Trading In Legal Claims written by Vickie Waye and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Law categories.
This book provides a critical analysis of law and policy issues regarding possible future markets for trading in legal claims. The cost of litigation significantly impedes access to justice. Permitting potential plaintiffs to sell their legal claims to litigation entrepreneurs who can deal with claim prosecution efficiently would provide a means of redressing the imbalance that exists between legal costs, risks and claim values. However, the well-entrenched doctrines of maintenance and champerty prohibit legal claim assignment, primarily on the grounds that it would amount to the commodification of justice. The advent of litigation funding and its acceptance on access to justice grounds by Australian courts and, to a lesser extent, the UK and US judiciaries has challenged the status quo. Together with other measures, such as the introduction of conditional fee agreements, the resistance to full claim alienability has been significantly weakened.This book reviews the current positions in Australia, UK and US regarding claim alienability and provides a comparative analysis of the divergent paths that have developed in relation to matters such as litigation funding, conditional fee agreements and legal costs insurance, all of which portend towards claim commodification. The author examines regulatory options that would be required to ensure that claim holders in any future legal claim market are protected from exploitation and that the market operates fairly and efficiently, such as statutory and common law restrictions regarding unconscionability and misleading and deceptive conduct, licensing, mandatory disclosures, cooling off and default contractual terms. The book reviews costs and abuse of process issues that markets for legal claims may create and analyses conflicts of interest that may arise between claimholders, lawyers and entrepreneurs and how these may be resolved. The author concludes that legal claim markets are justified on both policy and efficiency grounds as a means of improving access to justice.
A Comparative Study Of Funding Shareholder Litigation
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Author : Wenjing Chen
language : en
Publisher: Springer
Release Date : 2017-04-25
A Comparative Study Of Funding Shareholder Litigation written by Wenjing Chen and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-04-25 with Law categories.
This book studies the funding problems with shareholder litigation through a functionally comparative way. In fact, funding problems with shareholder lawsuits may largely discourage potential shareholder litigants who bear high financial risk in pursuing such a claim, but on the other hand they may not have much to gain. Considering the lack of incentives for potential shareholder claimants, effective funding techniques should be in place to make shareholder actions function as a corporate governance tool and discipline corporate management. The book analyzes, among others, the practice of funding shareholder litigation in the Australia, Canada, the UK, the US and Israel, and covers all of the typical approaches being used in financing shareholder litigation in the current world. For instance, Israel and Canada (Quebec and Ontario) are probably unique in having a public funding mechanism for derivative actions and class actions, while Australia is the country where third party litigation funding is originated and is growing rapidly. Based on this comparative research, the last part of this book discusses how to fund shareholder litigation in China in context of its social and legal background and what kind of problems need to be solved if certain funding techniques are used.
Third Party Funding In International Arbitration
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Author : Lisa Bench Nieuwveld
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2016-04-24
Third Party Funding In International Arbitration written by Lisa Bench Nieuwveld and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-04-24 with Law categories.
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.
Tangled Loyalties
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Author : Susan P. Shapiro
language : en
Publisher: University of Michigan Press
Release Date : 2002
Tangled Loyalties written by Susan P. Shapiro and has been published by University of Michigan Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002 with Law categories.
An empirical study of how conflicts of interest arise in the private practice of law and how law firms respond
Creating Conflicts Of Interest Procedures For Protecting You And Your Firm From Malpractice
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Author : Sandra J. Roberts
language : en
Publisher:
Release Date : 2013
Creating Conflicts Of Interest Procedures For Protecting You And Your Firm From Malpractice written by Sandra J. Roberts and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with Conflict of interests categories.
Third Party Funding In International Arbitration
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Author : Mohamed F. Sweify
language : en
Publisher: Edward Elgar Publishing
Release Date : 2023-02-14
Third Party Funding In International Arbitration written by Mohamed F. Sweify and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-02-14 with Law categories.
The author of Third Party Funding in International Arbitration challenges the structural inconsistencies of the current practices of arbitration funding by arguing that third party funding should be a forum of justice, rather than a forum of profit. The author introduces a new methodology with an alternative way of structuring third party funding to solve a set of practical problems generated by the risk of claim control by the funder.
Conflicts Of Interest
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Author : Charles Hollander
language : en
Publisher:
Release Date : 2020
Conflicts Of Interest written by Charles Hollander and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020 with Conflict of interests categories.
Public And Private Enforcement Of Securities Laws
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Author : Michael Legg
language : en
Publisher: Bloomsbury Publishing
Release Date : 2022-02-10
Public And Private Enforcement Of Securities Laws written by Michael Legg and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-02-10 with Law categories.
This book undertakes unique case studies, including interviews with participants, as well as empirical analysis, of public and private enforcement of Australian securities laws addressing continuous disclosure. Enforcement of laws is crucial to effective regulation. Historically, enforcement was the province of a government regulator with significant discretion (public enforcement). However, more and more citizens are being expected to take action themselves (private enforcement). Consistent with regulatory pluralism, public and private enforcement exist in parallel, with the capacity to both help and hinder each other, and the achievement of the goals of enforcement in a range of areas of regulation. The rise of the shareholder class action in Australia, backed by litigation funding or lawyers, has given rise to enforcement overlapping with that of the government regulator, the Australian Securities and Investments Commission. The ramifications of overlapping enforcement are explained based on detailed analysis. The analysis is further bolstered by the regulator's approach to enforcement changing from a compliance orientation to a “Why not litigate?” approach. The analysis and ramifications of the Australian case studies involve matters of regulatory theory and practice that apply across jurisdictions. The book will appeal to practitioners, regulators and academics interested in regulatory policy and enforcement, and the operation of regulators and class actions, including their interaction.
Third Party Funding
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Author : Gian Marco Solas
language : en
Publisher: Cambridge University Press
Release Date : 2019-09-26
Third Party Funding written by Gian Marco Solas and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-09-26 with Law categories.
Looks at legal, economic and policy issues related to third party funding in common law, civil law jurisdictions and international contexts.