In just a few short years, litigation finance has become an important part of the commercial litigation landscape. The number of lawyers who said their firms had used litigation finance jumped four-fold between 2013 and 2016. And in the same 2016 survey, 75 percent of in-house counsel predicted that the use of litigation finance will continue to grow.
However, some GC’s remain skeptical of the practice. On its face, this disinterest seems rational. Many GCs still perceive litigation finance as nothing more than a tool to help undercapitalized claimants pay legal fees and expenses. And many or most GCs serve companies that face no immediate cash shortage and litigate more often as defendants than plaintiffs.
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