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Consumer Litigation Funding: The Basics, Current Regulatory, Ethical, and Confidentiality Issues


Level: Advanced
Runtime: 92 minutes
Recorded Date: November 16, 2020
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Agenda

  • History of consumer litigation funding
  • The current market
  • Typical funding deals for claimants and lawyers and common terms
  • Ethics issues
  • Privilege and confidentiality issues
  • Due diligence and other information funders want
  • Other issues
Runtime: 1 hour, 32 minutes
Recorded: November 16, 2020
For NY - Difficulty Level: Experienced attorneys only (non-transitional)

Description

The panel will dig into the Model Rules of Professional Conduct that a lawyer should consider when a third party litigation funder is involved including the allocation of authority between the lawyer and client (Rule 1.2), a lawyer’s duty to explain matters to the client so that the client can make informed decisions (Rule 1.4), preserving confidentiality (Rule 1.6), a lawyer’s duty to avoid a conflict of interest (Rule 1.8), and how a lawyer has a responsibility to exercise his/her independent judgement separate and apart from any litigation funding arrangement that the client has entered into (Rule 5.4).

The panel will also discuss the history and basics of third-party funding along with different types of funding arrangements.

This program was recorded on November 16th, 2020.

Provided By

American Bar Association
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Panelists

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Ronald E. Mabra

Founder & Managing Partner
The Mabra Firm, LLC

A Georgia native and a former member of the Georgia House of Representatives, Ronnie founded The Mabra Firm in 2007 as a continuation of his lifetime commitment to serving his state and community. Charismatic and personable, Ronnie is known by his peers and clients as an attorney of integrity with a strong work ethic and a drive to successfully advocate for injured victims and their families.

Ronnie has recovered millions of dollars to help injured Georgians. Notably, Ronnie was co-counsel in helping to get the original NFL settlement of $675 million for compensatory claims for players. Ronnie has been featured by Georgia Super Lawyers magazine as one of Georgia’s top lawyers. Ronnie and his firm were also recognized as one of the fastest growing businesses in America started by a University of Georgia graduate. He has also been featured on several 40 under 40 lists.

Twice-elected to the Georgia General Assembly, Ronnie represented the interests of more than 50,000 Georgians in state government. Ronnie’s most notable legislation was House Bill 828, which increased protection for accident victims by restricting the release of their private information. In addition to his legislative accomplishments, Ronnie was appointed to the Juvenile Justice State Advisory Group, the Georgia Child Support Commission, and the High School Athletics Overview Committee. He also served as House Democratic Caucus Deputy Whip and was named Lawmaker of the Year by the food workers union.

Most admirably, Ronnie and his law firm support many charitable endeavors in the greater Atlanta community. Ronnie founded the Mabra Turkey Giveaway and the Ronnie Mabra Foundation to feed and temporarily house thousands of Georgians in crises. The foundation has also paid college tuition for students and awarded stock certificates to high-achieving elementary school children.

Ronnie is a graduate of Fayette County High School where he was a standout athlete and went on to play football for the Georgia Tech Yellow Jackets. He earned degrees from Georgia Tech and the University of Georgia. Ronnie resides in Atlanta with his wife Dawn, son Ronald E. Mabra III (Remiii) and goldendoodle Buster.

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Eric Schuller

Director, Government & Community Affairs
Oasis Financial

Eric Schuller is the Director of Government and Community Affairs at Oasis Financial, and serves as President of the Alliance of Responsible Consumer Legal Funding. He’s also a veteran, with 22 years of service in the U.S. Army and the National Guard.

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Lucian T. Pera

Partner
Adams & Reese, LLP

Lucian T. Pera focuses his practice on commercial litigation, media law, and legal ethics work. His civil litigation practice has ranged widely and includes a variety of commercial, personal injury and intellectual property litigation, as well as numerous state and federal appeals. Lucian has represented many media outlets in matters ranging from claims for defamation or invasion of privacy to access to courtrooms, public records and meetings of government bodies.

His extensive bar association work in the field of legal ethics and professional responsibility has resulted in him being elected, both locally in Tennessee and nationally, to bar association leadership positions. This work also makes him a go-to lawyer nationally in the field of legal ethics and professional responsibility. He advises attorneys, law firms, their clients, and businesses who deal with lawyers about all aspects of the law. Recent assignments have included defense of lawyers in disciplinary investigations and proceedings, counseling clients with disciplinary complaints and other claims against lawyers, advising law firms about loss prevention and claims, defending and prosecuting motions to disqualify lawyers or for sanctions, and advising innovative start-ups in the legal business.

Lucian regularly provides expert witness testimony in matters concerning legal ethics, professional responsibility and the standard of care for lawyers and law firms.

Amid rapid changes in the business of law, Lucian also counsels law firms and other entities developing new business models for the delivery of legal services. He also advises individuals and organizations seeking to do business with lawyers about how they may do so legally and ethically.

Lucian also writes and speaks frequently, both nationally and in Tennessee, on legal ethics and professional responsibility and media law. In addition, he routinely conducts presentations and seminars for national audiences.

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Anthony Sebok

Professor of Law
Cardozo School of Law

Professor Sebok is an expert on mass torts, litigation finance, comparative tort law, and legal philosophy.

Before coming to Cardozo in 2007, he was the Centennial Professor of Law and the Associate Dean for Research at Brooklyn Law School where he taught for 15 years. He was a Fellow in the Program in Law and Public Affairs at Princeton University from 2005-06, and in 1999, he was a Fellow at the American Academy in Berlin.

Following law school, he clerked for Chief Judge Edward N. Cahn of the US District Court for the Eastern District of Pennsylvania. Professor Sebok has authored numerous articles about litigation finance and mass restitution litigation involving tobacco, handguns, and slavery reparations. He is the author of Legal Positivism in American Jurisprudence, articles and essays on jurisprudence, and is the coeditor of The Philosophy of Law: A Collection of Essays. His casebook, Tort Law: Responsibilities and Redress, which he coauthored with John Goldberg and Benjamin Zipursky, is used at several leading law schools.

Professor Sebok is frequently quoted in the national media on timely legal issues, such as the September 11 Victim Compensation Fund. He is currently writing a book with Mauro Bussani of the University of Trieste on comparative tort law, which will be published by Oxford University Press.

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