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This article provides a qualitative empirical analysis of the practice of third party final opinions. This practice has been controversial recently, in part because many of the transactions at Enron in question have been supported by closing opinions. Interviews with lawyers across the country suggest that the traditional academic view of the practice of opinion—that it promotes economic efficiency—is useful but incomplete. Many features of final opinion practice persist despite demonstrable inefficiencies. When practice improves, it is often non-market forces that bring about change. Based on these interviews, the article offers some initial reflections on why the practice exists and what functions it can perform. Litigation funding is the non-recourse funding of litigation by a for-profit third party. It is a flourishing and controversial phenomenon that has invaded the United States in recent years. Given that “most of the major phenomena of modern litigation are better understood as a result of changes in the funding and capitalization of the Bar Association,” it is not surprising that litigation funding has been described by RAND as one of the “most important and influential trends in civil justice” and by the Chamber of Commerce as “a clear and present threat to impartial and present administration.” effective civil justice in the United States.” In recent years, he has captivated legal insights, daily mainstream media, regulators, legislators and courts. However, there is no information or discussion of litigation funding agreements, although all the benefits and risks inherent in litigation funding result from the relationships that shape and formalize these contracts. In a model litigation financing contract, we (i) set out the argument for the effectiveness and fairness of a standard contract; (ii) build on previous work to justify the use of venture capital as an analogue and starting point for contract modelling; (iii) describe in detail the ethical and economic challenges faced by parties entering into litigation financing agreements and explain in detail the contractual solutions they have developed to eliminate or minimise these pitfalls; (iv) submit a model contract; and; (iv) finalize a research agenda for the new area of litigation funding contracts.

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