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Bank Lending Vs. Alternative Litigation Finance: A Mass Tort Attorney’s Strategic Opportunity

By Jeff Manley |

Bank Lending Vs. Alternative Litigation Finance: A Mass Tort Attorney’s Strategic Opportunity

The following post was contributed by Jeff Manley, Chief Operating Officer of Armadillo Litigation Funding

Mass tort litigation is a high-stakes world, one where the pursuit of justice is inextricably linked with financial resources and risk management. In this complex ecosystem, two financial pillars stand out: bank lending and alternative litigation finance. For attorneys and their financial partners in mass torts, choosing the right financial strategy can mean the difference between success and stagnation.

The Evolving Financial Landscape for Mass Tort Attorneys

Gone are the days when a powerful legal argument alone could secure the means to wage a war against industrial giants. Today, financial acumen is as critical to a law firm’s success as legal prowess. For mass tort attorneys, funding large-scale litigations is akin to orchestrating a multifaceted campaign with the potential for astronomical payouts, but also the very real costs that come with such undertakings.

Under the lens of the courtroom, the financing of mass tort cases presents a unique set of challenges. These cases often require substantial upfront capital and can extend over years, if not decades. In such an environment, agility, sustainability, and risk management emerge as strategic imperatives.

Navigating these waters demands a deep understanding of two pivotal financing models: traditional bank lending and the more contemporary paradigm of third-party litigation finance.

The Need for Specialized Financial Solutions in Mass Tort Litigation

The financial demands of mass tort litigation are unique. They necessitate solutions that are as flexible as they are formidable, capable of weathering the uncertainty of litigation outcomes. Portfolio risk management, a concept well-established in the investment world, has found its parallel in the legal arena, where it plays a pivotal role in driving growth and longevity for law firms.

The overarching goal for mass tort practices is to structure their financial arrangements in such a way that enables not just the funding of current cases but the foresight to invest in future opportunities. In this context, the question of bank lending versus alternative asset class litigation finance is more than transactional—it’s transformational.

Understanding Bank Lending

Banks have long been the bedrock of corporate financing, offering stability and a familiar process. While bank lending presents several advantages, such as the potential for lower interest rates in favorable economic environments, it also comes with significant caveats. The traditional model often involves stringent loan structures, personal guarantees, and an inflexibility that can constrain the scalability of funding when litigation timelines shift or case resolutions become protracted.

For attorneys seeking immediate capital, interest-only lines of credit can be appealing, providing a temporary reprieve on principal payments. However, the long-term financial impact and personal liability underpinning these loans cannot be overlooked.

Exploring Third-Party Litigation Finance

On the flip side, third-party litigation finance has emerged as a beacon of adaptability within the legal financing landscape. By eschewing traditional collateral requirements and personal guarantees, this model reduces the personal financial risk for attorneys. More significantly, it does so while tailoring financing terms to individual cases and firm needs, thus improving the alignment between funding structures and litigation timelines.

Litigation financiers also bring a wealth of experience and industry-specific knowledge to the table. They are partners in the truest sense, offering strategic foresight, risk management tools, and a shared goal in the litigation’s success.

Interest Rates and Financial Terms

The choice between bank lending and third-party litigation finance often hinges on the amount of attainable capital, interest rates, and the terms, conditions, and covenants of the loans. These differences can significantly influence the overall cost of financing and the strategic financial planning for mass tort litigation.

Bank Lending: Traditional bank loans typically offer lower initial interest rates, which can be attractive for short-term financing needs. However, these rates are almost always variable and linked to broader economic indicators, such as the prime rate. Banks are very conservative in every aspect of underwriting and the commitments they offer.

Third-Party Litigation Finance: In contrast, third-party litigation lenders often require a multiple payback, such as 2x or 3x the original amount borrowed. Some third-party lenders also offer floating rate loans tied to SOFR, but the interest costs are meaningfully higher than those of banks. The trade-off is greater access to capital. Third-party lenders, deeply entrenched in industry nuances, are generally willing to lend substantially larger amounts of capital. For attorneys managing long-duration cases, this variability introduces a layer of financial uncertainty. If a loan has a floating rate and the duration of the underlying torts is materially extended, the actual borrowing cost can skyrocket, negatively impacting the overall returns of a final settlement. This is an incredibly important factor to understand both at the outset of a transaction and during the initial stages of capital deployment.

Similarly, the maturity, terms, and conditions can differ drastically between bank-sourced loans and those from third-party lenders, with no standard list of boilerplate terms for comparison—making a knowledgeable financial partner key to facilitating the best fit for the law firm. Two standard features of a bank credit facility are that the entire portfolio of all law firm assets is usually required to secure the loan, regardless of size, and an unbreakable personal guarantee further secures the entire credit facility. Both of these points are potentially negotiable with a third-party lender. Bank loans are almost always one-year facilities with the bank having an explicit right to reassess their interest in maintaining a credit facility with the law firm every 12 months. In contrast, third-party lenders typically enter into a credit facility with a commitment for 4-5 years, with terms becoming bespoke beyond these basics.

Loan Structures Under Scrutiny

The rigidity of bank loan structures, particularly notice provisions and speed of access, contrasts with the fluidity of third-party financiers’ offerings. The ability to negotiate terms based on case outcomes, as afforded by the alternative financing model, represents a paradigm shift in financial planning that has redefined the playbook for mass tort investors.

Risk at Its Core

The linchpin of this comparison is risk management. Banks often require a traditional, property-based collateral, which serves as a blunt instrument for risk reduction in the context of litigation. Third-party financiers, conversely, indulge in sophisticated evaluations and often adopt models of shared risk, where their fortunes are inversely tied to those of the litigants.

Support Beyond Capital

A crucial divergence between bank loans and alternative finance is the depth of support provided. The former confines its assistance to financial matters, while the latter, through its specialized knowledge, contributes significantly to strategic case management, risk assessment, and valuation, essentially elevating itself to the level of a silent partner in the legal endeavor. Furthermore, litigation funders (unlike banks), are often prepared to extend multiple installments of capital, reflecting a level of risk tolerance and industry insight that banks typically do not offer.

Case Studies and Success Stories

The case for alternative litigation finance is perhaps best illustrated through the experiences of attorneys who have successfully navigated the inextricable link between finance and litigation. The Litigation Finance Survey Report highlights the resounding recommendation from attorneys who have used third-party financing, with nearly all expressing a willingness to repeat the process and recommend it to peers.

This empirical evidence underscores the viability and efficacy of alternative financing models, showcasing how they can bolster the financial position of a firm and, consequently, its ability to take on new cases and grow its portfolio.

The Role of Litigation Finance Partners

When considering third-party litigation finance, the choice of partner is just as important as the decision to explore this path. Seasoned financiers offer more than just capital; they become an extension of the firm’s strategic muscle, sharing in risks and rewards to galvanize a litigation (and practice) forward.

Cultivating these partnerships is an investment in expertise and a recognition of the unique challenges presented by mass tort litigation. It is an integral part of modernizing the approach to case management, one that ultimately leads to a sustainable and robust financial framework.

For mass tort attorneys, the strategic use of finance can unlock the latent potential in their caseloads, transforming high-risk ventures into opportunities for growth and success. By carefully weighing the merits of traditional bank lending against the agility of third-party litigation financing, attorneys can carve out a strategic path that not only secures the necessary capital but also empowers them to manage risks and drive profitability.

One truth remains immutable: those who recognize the need for financial innovation and risk management will be the torchbearers for the future of mass tort litigators, where the scales of justice are balanced by a firm and strategic hand anchored in the principles of modern finance.

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Jeff Manley

Jeff Manley

Commercial

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Uber Told £340m Group Claim Must Follow Costs Budgeting Rules

By John Freund |

In a notable ruling, the High Court has directed that a £340 million group action against Uber London Ltd will be subject to costs budgeting, despite the claim’s substantial size. The decision was handed down in the case of White & Ors v Uber London Ltd & Ors, where the total value of the claim far exceeds the £10 million threshold above which costs budgeting is typically not required under the Civil Procedure Rules.

According to Law Gazette, Mrs Justice O’Farrell chose to exercise judicial discretion to apply the budgeting regime. Her decision marks a significant moment for large-scale group litigation in England and Wales, underscoring the court’s growing interest in ensuring proportionality and transparency of legal costs—even in high-value cases.

An article in the Law Society Gazette reports that the ruling means the parties must now submit detailed estimates of incurred and anticipated legal costs, which will be reviewed and approved by the court. This move imposes a degree of cost control typically absent from group claims of this scale and signals a potential shift in how such cases are managed procedurally.

The decision carries important implications for the litigation funding industry. Funders underwriting group claims can no longer assume exemption from cost control measures based on claim size alone. The presence of court-approved cost budgets may impact the funders’ risk analysis and return expectations, potentially reshaping deal terms in high-value group actions. This development could prompt more cautious engagement from funders and a closer examination of litigation strategy in similar collective proceedings moving forward.

Will Law Firms Become the Biggest Power Users of AI Voice Agents?

By Kris Altiere |

The following article was contributed by Kris Altiere, US Head of Marketing for Moneypenny.

A new cross-industry study from Moneypenny suggests that while some sectors are treading carefully with AI-powered voice technology, the legal industry is emerging as a surprisingly enthusiastic adopter. In fact, 74% of legal firms surveyed said they are already embracing AI Voice Agents , the highest adoption rate across all industries polled.

This may seem counterintuitive for a profession built on human judgement, nuance and discretion. But the research highlights a growing shift: law firms are leaning on AI not to replace human contact, but to protect it.


Why Legal Is Leaning In: Efficiency Without Eroding Trust

Legal respondents identified labor savings (50%) as the most compelling benefit of AI Voice Agents.  But behind that topline number sits a deeper story:

  • Firms are increasingly flooded with routine enquiries.
  • Clients still expect immediate, professional responses.
  • Staff time is too valuable to spend triaging logistics.

Kris Altiere, US Head of Marketing at Moneypenny, said:
“Some companies and callers are understandably a little nervous about how AI Voice Agents might change the call experience. That’s why it’s so important to design them carefully so interactions feel personal, relevant, and tailored to the specific industry and situation. By taking on the routine parts of a call, an AI agent frees up real people to handle the conversations that are more complex, sensitive, or high-value.”

For the legal sector, that balance is particularly valuable.

A Look At Other Industries

Hospitality stands out as the most reluctant adopter, with only 22% of companies using AI-powered virtual reception for inbound calls and 43% exploring AI Voice Agents.
By contrast, the legal sector’s 74% engagement suggests a profession increasingly comfortable pairing traditional client care with modern efficiency.

The difference stems from call types: whereas hospitality relies heavily on emotional warmth, legal calls hinge on accuracy, confidentiality, and rapid routing areas where well-calibrated AI excels.

What Legal Firms Want Most From AI Voice Agents

The research reveals where legal sees the greatest potential for AI voice technology:

  • Healthcare: faster response times (75%)
  • Hospitality: reducing service costs (67%)
  • Real estate: enhanced call quality and lead qualification (50%)
  • Finance: 24/7 availability (45%), improved caller satisfaction (44%), scalability (43%)

Legal’s top future use case is appointment management (53%).

This aligns neatly with the administrative pain points most firms face,  juggling court dates, consultations and multi-lawyer calendars.

Each industry also had high expectations for AI Voice Agent features, from natural interruption handling to configurable escalation rules.
For legal, data security and compliance topped the list at 63%.

This security-first mindset is unsurprising in a sector where reputation and confidentiality are non-negotiable.

Among legal companies, 42% said that integration with existing IT systems like CRM or helpdesk tools was critical.

This points to a broader shift: law firms increasingly want AI not just as a call handler but as part of the client-intake and workflow ecosystem.

The Bigger Trend: AI to Protect Human Time

Across every industry surveyed, one theme is emerging: companies don’t want AI to replace humans ,they want it to give humans back the time to handle what matters.

For legal teams, this means freeing lawyers and support staff from constant call-handling so they can focus on high-value, sensitive work.

Why This Matters for Law Firms in 2025

The AI adoption race in legal is no longer about novelty; it’s about staying competitive.

Clients expect real-time responses, yet firms are constrained by staffing and increasing administrative load. Well-designed AI Voice Agents offer a way to protect responsiveness without compromising on professionalism or security.

With compliance pressures rising, talent shortages ongoing, and client acquisition becoming more competitive, the research suggests law firms are turning to AI as a strategic solution and not a shortcut.

Moneypenny’s Perspective

Moneypenny, a leader in customer communication solutions, recently launched its new AI Voice Agent following the success of an extensive beta program. The next-generation virtual assistant speaks naturally with callers, giving businesses greater flexibility in how they manage customer conversations.

LSB Launches Oversight Programme Targeting Litigation Growth

By John Freund |

The Legal Services Board (LSB) has unveiled a new consumer‑protection initiative to address mounting concerns in the UK legal market linked to volume litigation, law‑firm consolidators and unregulated service providers. An article in Legal Futures reports that the regulator cited “clear evidence” of risks to consumers arising from the dramatic growth of volume litigation, pointing in particular to the collapse of firms such as SSB Law.

Legal Futures reports that under the programme, the LSB will explore whether the current regulatory framework adequately protects consumers from harm in mass‑litigation contexts. That includes examining: whether all litigation funding – especially portfolio funding models – should fall under the supervision of the Financial Conduct Authority (FCA); whether co‑regulation arrangements should be established between the FCA and the Solicitors Regulation Authority (SRA); and whether the list of reserved legal activities needs revision to account for the rise of unregulated providers and AI‑enabled legal services.

On the law‑firm side the initiative spotlights the consolidation trend — especially accumulator or “consolidator” firms backed by private equity and acquiring large numbers of clients. The LSB flagged risks around viability, quality of client care and short‑term investor‑driven growth at the expense of compliance and long‑term service stability.

For the litigation‑funding sector, the message is unmistakable: the regulator will be more active in mapping the relationships between funders, law firms and client outcomes. It intends to use its market‑intelligence function to monitor whether misaligned incentives in the funding‑chain may harm consumers, and to obtain data from frontline regulators where necessary.