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Stimulus for The Legal Industry

Stimulus for The Legal Industry

The following piece was contributed by Louis Young, Managing Director of Augusta Ventures The Legal Services industry, like many others, is today racing to come to terms with the implications of coronavirus. A range of impacts have been felt to date, including cases being put on hold, staffing concerns and critically, cash flow issues. With clients under pressure, bills aren’t being paid and pipeline looks increasingly uncertain. Alongside this, law firms have high fixed costs, particularly staff, so income is urgently needed. Whilst well-managed firms will have a limited cash buffer, leaders now need to look at all sources of finance. There are three challenges: Firstly, they will want to identify the best way to keep firms afloat in the short term of the lock-down without taking on crippling long-term debts. Secondly, they will want to ensure whatever action they take does not damage client relationships. And thirdly, they will want to position for growth for when the crisis eventually subsides. Litigation funding could be the solution that many law firms seek to all three challenges. In all likelihood, the greatest fall in law firm revenues will be in their corporate and commercial practices. These businesses are usually the mainstay of a firm – offering steady, regular income. In normal times, this reliable revenue streams helps to subsidise more volatile practices including disputes. One option for corporate teams is to seek payment of outstanding invoices. The challenge here is that clients are themselves under pressure. Partners will, therefore, be reluctant to squeeze long time clients in such difficult circumstances, when it has taken many years to cultivate these relationships. Another source of funds may naturally be preferable. Today, the signs are that disputes work is increasing in importance for many firms as a source of income for partnerships as a whole. The challenge however is the lumpy, often delayed nature of revenue from litigation work. Third-party funding offers a solution to this challenge. Law firms may consider introducing a funder to their key clients to seek funding of the corporate’s portfolio of cases. This would allow the client to move forward with cases that might otherwise be on hold for cash flow reasons. It could also allow the firm to pick up work that wouldn’t normally come their way. And it would ensure that the law firm gets paid today, rather than many months down the line, thereby avoiding taking on external debt or damaging precious relationships. A key difference between such third-party funding and traditional bank finance is the impact on the client’s balance sheet. Bank loans are liabilities requiring repayment by the client in any eventuality. Litigation finance on the other hand is non-recourse. Whatever the outcome of a case, the lawyers’ fees are paid by the funder and can include both costs incurred to date, and time yet to be recorded. Should a case be lost, the client does not bear any liability for the law firm’s fees. And when a case is won (70%+ of funded cases usually are), the client receives a substantial return. In this way, lawsuits can be converted by clients from an onerous liability, into a potentially valuable asset. And the client is likely to thank the law firm for introducing this solution, providing the choice of funder is appropriate. Established litigation funders have effective case management processes in place. Often combining analytical and legal skill, they assess cases on a variety of bases including not only the legal merits, but also the financial dynamics of the claim and the defendant’s ability to pay. And well-managed funders participate in the self-regulatory body ALF – the Association of Litigation Funders. Here they undertake to act transparently, fairly and to ensure appropriate returns for claimants. ALF membership demonstrates a commitment to good governance and fair businesses practices akin to established insurers. Law firms will want to protect their reputations and client relationships in selecting funders to introduce. The time for law firm leaders to act is now. As businesses of all types seek to mitigate the impact of the coronavirus, many investments and activities will be put on hold. Such decisions around legal cases may however be reversed if corporate leaders were able to obtain third-party funding that would not strain their balance sheets. Lawyers who are able to introduce such an option now, would not only win valuable guaranteed fees today, but cement or even develop new client relationships for the long term. When the turmoil of COVID-19 subsides, hopefully sooner rather than later, the law firms best positioned for growth will be those who provided value to their clients through the lock-down.

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CSAA Sees 2026 Shift in Litigation Finance Fight

By John Freund |

A senior legal executive at CSAA Insurance Group has signaled what she describes as a potential turning point in the long-running conflict between insurers and the litigation finance industry. Speaking amid heightened political and regulatory scrutiny of third-party funding, the comments reflect growing confidence among insurers that momentum is shifting in their favor after years of unsuccessful pushback.

An article in Insurance Business reports that CSAA’s chief legal officer argued that 2026 could mark a decisive phase in efforts to rein in litigation finance, citing increasing legislative interest and judicial awareness of the role funding plays in driving claim frequency and severity. According to the article, CSAA views litigation funding as a key contributor to social inflation, a term insurers use to describe the rising costs of claims driven by larger jury verdicts, expanded liability theories, and aggressive litigation tactics.

The executive pointed to a wave of proposed disclosure rules and transparency initiatives at both the state and federal levels as evidence that lawmakers are taking insurer concerns more seriously. These proposals generally seek to require plaintiffs to disclose whether a third-party funder has a financial interest in a case, a reform insurers argue is necessary to assess conflicts, settlement dynamics, and the true economics of litigation. While many of these measures remain contested, CSAA appears encouraged by what it sees as a shift in tone compared to previous years.

The article also highlights the broader industry context in which these comments were made. Insurers have increasingly framed litigation finance as a systemic risk rather than a niche practice, linking it to higher premiums, reduced coverage availability, and increased volatility in underwriting results. Litigation funders, for their part, continue to argue that funding expands access to justice and that disclosure mandates risk revealing sensitive strategy and privileged information.

Axiom Shuts Arizona Law Firm After Three-Year Experiment

By John Freund |

Axiom, the global legal talent and services provider, has decided to close its Arizona-based law firm, Axiom Advice & Counsel, marking the end of a high-profile experiment under the state’s alternative business structure regime. The move comes roughly three years after the firm launched, and reflects a broader strategic refocus rather than a regulatory intervention or disciplinary issue.

An article in Reuters reports that Axiom voluntarily chose to wind down the law firm as part of a reassessment of where it sees the greatest opportunity for growth. The firm plans to surrender its license, with the process subject to review by the Arizona Supreme Court, and indicated that the decision was made in 2025 following internal changes and departures at the firm. Axiom described the venture as a useful learning experience but ultimately one that no longer aligned with its core business priorities.

Axiom Advice & Counsel launched in early 2023 after Arizona became the first US state to permit non-lawyer ownership of law firms. The firm was positioned as a novel hybrid, combining Axiom’s flexible legal staffing model with direct legal services delivered through a licensed law firm. At launch, Axiom emphasized efficiency, technology enablement, and an alternative to the traditional law firm structure. However, by early 2025, key personnel had left the practice, and the firm concluded that operating a regulated law firm was not the optimal use of its resources.

The closure comes amid continued experimentation under Arizona’s ABS framework. Around 150 entities have been licensed, including legal services platforms such as LegalZoom and Rocket Lawyer, professional services providers like KPMG, and other alternative legal service providers testing new delivery models. While some have expanded their footprint, others, like Axiom, appear to be recalibrating their approach.

Omni Bridgeway Reports Strong 2Q26 Portfolio Performance

By John Freund |

Global litigation funder Omni Bridgeway has released a positive second quarter portfolio update, pointing to strong completion metrics and reinforcing confidence in its diversified funding strategy across jurisdictions and dispute types. The update highlights the importance of disciplined case selection and portfolio construction at a time when the legal funding market continues to mature and face closer scrutiny from investors.

An article in GlobeNewswire outlines that Omni Bridgeway recorded excellent completion outcomes during the quarter, with multiple matters reaching resolution and contributing to realizations. The company emphasized that these completions were achieved across different regions and segments of its portfolio, underscoring the benefits of geographic and claim diversification. Management noted that the results were consistent with internal expectations and supported the firm’s longer term return profile.

According to the update, Omni Bridgeway continues to focus on converting invested capital into realized proceeds, rather than simply growing commitments. The funder highlighted that completion metrics are a key indicator of portfolio health, as they reflect both successful case outcomes and effective timing of resolutions. Strong completions also provide liquidity that can be recycled into new opportunities, supporting sustainable growth without excessive balance sheet strain.

The update also touched on broader portfolio dynamics, including the ongoing mix of single case investments and portfolio arrangements with law firms and corporates. Omni Bridgeway reiterated that its underwriting approach remains cautious, with an emphasis on downside protection and realistic settlement expectations. While the company acknowledged that litigation timelines can be unpredictable, it expressed confidence that the current portfolio is well positioned to deliver value over the medium term.