All I Really Need to Know About the Ethics of Third-Party Litigation Funding, I Learned From Watching Hulk Hogan

The Hogan/Gawker litigation occupies a special place in public discussions concerning third-party litigation funding, the practice of investors who fund litigation with the goal of earning a profit. While nearly a decade has passed since the conclusion of the case, the Hogan/Gawker litigation is still regularly referenced in academic literature and popular media. Since the jury verdict, the practice of third-party litigation funding has grown exponentially. Within just the past year, there have been several state legal ethics opinions concerning the practice, and several state legislatures passed legislation that addresses some of the ethical concerns associated with the practice. On the eve of the tenth anniversary of the decision, the case serves as a means of illustrating not only the nature of third-party litigation funding, but the legal ethics issues associated with the practice. Part legal history and part professional responsibility scholarship, this Article provides the most comprehensive look in legal scholarship to date at both the history of the Hogan/Gawker litigation and the legal ethics issues it raises concerning the practice of third-party litigation funding.