Let's face it: Litigation is expensive. And even strong claims carry a certain amount of risk. Companies also constantly face competing needs for capital. Consequently, management can often be reluctant to invest resources necessary to pursue affirmative claims especially when the returns may take years to see. So in-house litigators need to be innovative! In-house litigators are called on not only to achieve the best outcomes for our company's disputes, but also to continually achieve those outcomes cost-effectively and under leaner budgets.

Doing more for less is often understood as code for pressuring outside counsel to cut their rates—but there are better solutions. Instead, the creative focus should be on who pays for top-flight legal services.

In-house litigators can find legal finance to be an extremely useful tool. It allows for the hiring of top-notch litigators who are prepared to go all the way to trial to achieve the desired outcome, while also avoiding the in-house perception that litigation is just an expense with an unclear return on investment. Particularly now, with disputes on the rise and budgets under pressure at many companies, we should take a fresh perspective on how legal finance can be used to help in-house litigators do their jobs better—and raise their corporate profiles in the process.