Alternative Litigation Finance and the Attorney-Client Privilege
Grace M. Giesel
University of Louisville - Louis D. Brandeis School of Law
May 23, 2014
Denver University Law Review, Vol. 92, No. 1, 2015
University of Louisville School of Law Legal Studies Research Paper Series No. 2015-13
The United States legal system has a new player: the alternative litigation finance (ALF) entity. Funding of litigation by an entity that is not a party to the litigation has long existed in the United States in the form of attorney funding through contingent fees and insurer funding through the typical liability insurance contract. In situations in which those two avenues of third-party funding has not been available, parties, large and small, sophisticated and not, often have struggled to fund their own litigation. Today such parties have an additional option: ALF. ALF refers to funding of litigation “by entities other than the parties themselves, their counsel, or other entities with a preexisting contractual relationship with one of the parties.” ALF entities have no interest or involvement in the matter before providing funding but provide funding for the litigation and reap a return if the funded party is successful.
Number of Pages in PDF File: 50
Keywords: alternative litigation finance, ALF, attorney-client privilege, joint clients, common interest
JEL Classification: K12
Date posted: May 25, 2014 ; Last revised: June 30, 2015
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