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Alternative Litigation Finance And The Attorney-Client Privilege, 92 Denver U. L. Rev. 96 (2014), Grace M. Giesel
Alternative Litigation Finance And The Attorney-Client Privilege, 92 Denver U. L. Rev. 96 (2014), Grace M. Giesel
Grace M. Giesel
The United States legal system has a new player: the alternative litigation
finance (ALF) entity. In recent years ALF entities have begun
providing financing for small-scale matters and also complex commercial
matters involving millions of dollars. The recent success of ALF has
been assisted by the fact that at least in some jurisdictions it is now clear
that perceived historical barriers to ALF such as champerty, usury, and
ethics precepts do not, in fact, block ALF. With ALF arrangements becoming
more commonplace, questions have emerged about the effect the
integration of ALF entities into attorney-client relationships has on the
attorney-client …