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Are Gallagher Covenants Unethical?: An Analysis under the Code of Professional Responsibility

Abstract

Gallagher covenants, which guarantee a plaintiff recovery from at least one defendant regardless of the determination of liability at trial, have been upheld in Arizona. However, agreements of this type are frequently attacked on the basis of their ethical propriety. In exploring whether Gallagher covenants are consistent with norms of champerty, a lawyer's duty to the adversary system, the problem of conflicting interests, and the appearance of impropriety.

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19 Ariz. L. Rev. 863 (1977)

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