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Betting on Justice

A testimonial thanking Harvey Hirschfeld's company, LawCash, which lends money to people to allow them to fight lawsuits. The company makes money off the interest and the party has the money for a legal fight. Ruth Fremson/The New York Times

IMPACT: Influential N.Y. ethics panel cautions lawyers on dealings with lawsuit funding companies

As finance companies that make loans to plaintiffs grow in power and reach, lawyers should advise their clients on the risks involved with borrowing, the ethics committee of the New York City bar association says in a new opinion.

“This is a kind of stop, look, and investigate directive,” Seth Schwartz, chairman of the bar’s ethics committee, told iWatch News. “Don’t assume that the borrowing is some kind of routine thing – check it out.”

The opinion, which is likely to influence how other legal professional organizations answer ethical questions about betting on lawsuits, also requires lawyers to check with clients before disclosing confidential information to lenders. But it doesn’t stop attorneys from accepting referral fees from lenders, even though Schwartz said in an interview that it would be hard for a lawyer who did so to “maintain objectivity.”

The opinion comes several months after an investigation by iWatch News and the New York Times that found that lawsuit funders charge interest rates that often exceed 100 percent to people who need help making ends meet while they await the resolution of a personal injury lawsuit.

The high cost of borrowing means that many plaintiffs owe three or four times what they initially borrowed to the finance company. In some instances, plaintiffs have owed the lender their entire recovery.

The companies say they must charge high prices because betting on lawsuits is very risky. They say that the money they lend is not a loan, and thus not subject to laws in many states that forbid high-cost lending, because the money doesn’t have to be paid back if the client loses the case.

Betting on Justice

The chamber of the Texas House of Representatives is filled with lawmakers and spectators as the 81st session of the Texas Legislature begins. Legal finance groups in Texas spent between $360,000 and $1 million on lobbying in 2005. Harry Cabluck/Associated Press

States are battleground in drive to regulate lawsuit funding

By Caitlin Ginley

The latest story in the Center's "Betting on Justice" series about the fast-growing litigation finance industry looks at lobbying efforts in U.S. statehouses.

Betting on Justice

A testimonial thanking Harvey Hirschfeld's company, LawCash, which lends money to people to allow them to fight lawsuits. The company makes money off the interest and the party has the money for a legal fight. Ruth Fremson/The New York Times

Lawsuit loans add new risk for the injured

By Binyamin Appelbaum

The business of lending to plaintiffs has blossomed over the past decade, part of a growing trend in which banks and hedge funds seeking untapped markets are pumping money into other people's lawsuits.

Betting on Justice

Billing clients interest fees on lawyer loans legal, but uncommon

In 2002, the New York state bar association said attorneys financing a lawsuit with borrowed money may pass the interest costs onto their clients.

Betting on Justice

Lawyer group to examine ethical pitfalls raised in Center’s “Betting on Justice”

The American Bar Association says it is studying whether third-party investment in lawsuits, in the form of loans to lawyers or financing arrangements with their clients, may run afoul of ethical rules governing attorney conduct.