In collaboration with Lake Whillans, Above the Law has diligently monitored the steady progress of litigation finance over time. As this formerly obscure option has grown, it has become a keystone of the legal ecosystem, with the potential to offer great advantages to a broad range of organizations. Above the Law reports on the words of a law firm partner who said “it is now part of most case discussions.”
Annual surveys of in-house counsel and law firm attorneys reveal a notable increase in large law firms and prominent corporations who are choosing to work with funders. In their most recent survey for this year, over 50% of in-house counsel with firsthand experience in litigation finance were found to belong to large companies or Fortune 1000 corporations.
One consistent element surfacing repeatedly in surveys is contentment with the experience. Among respondents who have had direct experience working with litigation funders, a substantial proportion – upwards of 80% consistently over the past five years – indicated that they would elect to do so again.
For a deeper dive into this year’s results, including specifics on types of funded cases, the reasons for electing to secure financing and what factors lawyers consider most critical in the selection of a financier, readers are invited to peruse the full report on survey findings.