Finance
Attorneys: corporate legal funders
AB 2305 bars corporate legal funders from controlling or influencing lawyers’ and clients’ substantive litigation decisions.
The law preserves attorney and client independence while allowing limited nonrecourse litigation financing. It creates discipline and civil-remedy consequences when funders or lawyers cross that line.
What the law does
- Treats a corporate legal funder’s interference with litigation judgment or control over litigation functions as unauthorized practice of law.
- Prohibits funder arrangements that influence client selection, fees, legal strategy, claims, settlements, evidence, discovery, appeals, counsel, or funding decisions based on investor returns.
- Voids contract terms that permit or facilitate this prohibited conduct.
- Bars litigation-practice contracts that restrict withdrawal, reporting, or public discussion when a nonlawyer engages in prohibited conduct, or penalize resistance or reporting.
- Allows nonrecourse litigation finance without impermissible fee sharing when funding is capped or interest-based, tied to identified existing representations, and not used to solicit or acquire clients.
- Applies only to contracts entered on or after January 1, 2027.
Who it affects
- Corporate legal funders and entities they control.
- Attorneys, law firms, and other litigation practices.
- Clients represented in litigation or other adversarial proceedings.
Context
Attorney violations are grounds for State Bar discipline, while violations under this law are not crimes.