We have been looking into the ramifications of legal lending (article posted in the The New York Times). It would seem a significant issue, for example, is to what extent do the private lenders retain the ability to make decisions in lawsuits which are only for the “client”? Can the lender preclude the “client” from considering settlement where the settlement would not allow for the repayment of the loan? Could this practice lead to the waiver of attorney/client privilege prompting discovery requests to attain the waived information?
By: Kyleen Hudson