Seeking The Litigators’ Perspective On Litigation Finance

If you are a practicing litigator or in-house counsel, please share your thoughts on litigation finance.

money exchangeProponents of litigation finance have been building — both here on ATL and elsewhere — a convincing case for the virtues of the practice. According to its advocates, litigation finance promotes access to justice by leveling the playing field for financially constrained parties, offers legal departments a tool for risk management, and enables companies to focus on their core businesses. Undoubtedly, this message has been gaining real traction. Litigation finance has seen explosive growth: According to recent research, nearly one-third of law firm attorneys have direct experience with litigation finance, and 75 percent of them expect the practice to continue its growth over the next five years.

As the practice rapidly evolves from a little-understood novelty option into an established (albeit flexible) means of accessing capital, we wanted to dig deeper into the perspective of practicing litigators and their in-house peers. To better understand the dynamics of this increased acceptance, we developed a brief survey that seeks insight into such questions as:

• Who was the main driver of the decision to seek litigation financing — the client or outside counsel?
• What was the strongest motivation for doing so?
• How does adoption vary among industries?
• What are the major obstacles to adoption?

If you are a practicing litigator or in-house counsel — and regardless of the extent of your experience with litigation finance — please take our 5-minute survey and share your thoughts for the chance to win a $50 gift card. Thank you.


Brian Dalton is the director of research for Breaking Media. Feel free to email him with any questions or comments.

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