Candid Advice & Communication

Competence

Attorneys have an obligation to competently represent their clients. If an attorney is not familiar with Alternative Litigation Funding advance documents, the attorney should either learn about the advance industry, consult with an experienced attorney or refer the client to another attorney experienced with advance agreements

Recommendations for Attorneys

If a client is seeking an advance, attorneys should do the following:

• Provide sufficient information on the risks and benefits of obtaining an advance.

• Make a recommendation on whether an advance is in the client’s best interest.

• Discuss the terms of the advance agreement and the true cost of the advance.

• Explain that the advance may create an incentive for the client to accept a premature or inadequate offer of settlement.

Independent Professional Judgement - Confidentiality