The 2019 Litigation Finance Client Experience Survey:

What Clients Want From Funding

Skyrocketing litigation costs are a growing problem for American corporations. Seventy percent of companies have abandoned claims because of cost concerns, while a recent ABA survey indicated that 82% of law firms have turned away meritorious cases that were not considered “cost-effective.”

Despite the hype that litigation finance is experiencing “explosive” growth, the number of lawyers actually using litigation finance is still modest. Many who could benefit from litigation finance
either don’t understand how it works, don’t know what to look for in a funder, or have misperceptions about the industry.

This report is not about the size or amount of capital going into the industry. It’s about clients.

We set out to look beyond the dollars and cents of the industry, asking what people think of litigation finance, what they worry about, what makes for a good funding relationship, what constitutes a fair investment agreement, how litigation finance can best serve them, and where the industry has opportunities to improve.

• 93% of law firm respondents who used funding had a positive experience and a whopping 98% would use it again;
• 99% of respondents prioritize trustworthiness when choosing a funder; and
• 14% of responding lawyers have used funding but two-thirds say they would use it in the future.