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How WFH Communication is Impacting Law Firms and Legal Funders

By Kris Altiere |

How WFH Communication is Impacting Law Firms and Legal Funders

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

The boundaries between professional and personal life have blurred, largely due to technology and the pandemic, which forced firms to be available 24/7. Since COVID, the number of clients and prospects engaging with businesses at all hours has surged, driven by the adoption of tools like live chat—which, at one point, accounted for 37% of interactions outside traditional 9-to-5 hours. In fact, a Moneypenny study conducted with Censuswide, surveying over 2,000 U.S. consumers, found that 58% of respondents now accept work-related communications outside regular hours. But is this shift a good thing?

Law firms should consider the communication training they give across all situations – how many work calls have been taken in the car, texts responded to at a soccer practice, or emails replied to quickly while at the doctor? Adjusting a firm’s contact channels should include recognizing the strengths and weaknesses of different forms of communication, and thinking about what’s best for clients and the team.

For firms, the “always on” employee presents some potential challenges, starting with the impact on the mental health of someone pressured to forever be on alert for a client or new business. It also can present vulnerabilities – Moneypenny’s research revealed 59% of respondents admitted to commonly sending texts and emails to the wrong person. Or, there is the liability of a stretched team responding to a client with a typo or incorrect information, feeling pressured to get right back and not taken time for a measured response. Along with an increased margin of error, digital communication can lack the emotion of a conversation, or may not appeal as a form of connection from a generational perspective.

Moneypenny looked into the popularity of different forms of work communications. Emails were number one at 49%, followed by the phone at 39%, text messaging at 35%, instant messaging such as Teams or Slack at 19%, and video conferencing like Zoom at 18%. Choices were particular to generations – emailing is the preferred choice for 56% of Baby Boomers and 54% of Gen X, while only 28% of Gen Z prefer it. Instant messaging was a more popular form of work communication for Gen Z (25%), but was chosen by only 16% of Gen X and 13% of Baby Boomers.

Moneypenny encourages firms of all sizes to establish clear communication guidelines that best serve all of their constituents – their teams, their prospects, and their clients. After four years of being on call around the clock, teams are tired. If a firm can have the burden of the 2 a.m. call or chat placed in the hands of a capable and trained legal receptionist like Moneypenny’s, they can ensure it’s not just fielded, but fielded well, and their team undisturbed.

Setting healthy business-life boundaries is a lofty goal that firms should consider setting this year – making themselves a little more unavailable to make themself more available. Fielding a call late at night or during a mad rush does a disservice by potentially inhibiting work flow, mental health, quality and integrity of the work. In what seems like an increasingly scattered world, reclaiming focus by letting someone else “get the phone” could just be revolutionary.

Kris Altiere is US Head of Marketing at MoneypennyMoneypenny’s unique blend of brilliant people and AI technology integrate seamlessly to deliver customer conversations that unlock valuable opportunities for law firms, 24/7.

Kris is passionate about combining creativity and data-driven approaches to deliver impactful campaigns. A natural leader and mentor, she thrives on empowering teams, fostering collaboration, and ensuring Moneypenny’s solutions help firms stay ahead in an ever-evolving market.

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Kris Altiere

Kris Altiere

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Burford’s Q2 Profits Surge on New Capital

By John Freund |

Burford Capital has delivered its strongest quarterly performance in two years, buoyed by a swelling pipeline of high-value disputes and a fresh infusion of investor cash.

A press release in PR Newswire reveals that the New York- and London-listed funder more than doubled revenue and profitability in the three months to 30 June 2025. CEO Christopher Bogart credited “very substantial levels of new business” for the uptick, noting that demand for non-recourse financing remains “as strong as we’ve ever seen.”

The stellar quarter follows a lightning-quick, two-day debt offering in July that raised $500 million—capital Burford says will be deployed across a growing roster of commercial litigations, international arbitrations, and asset-recovery campaigns. Management also highlighted significant progress in portfolio rotations, underscoring the firm’s ability to monetise older positions while writing new ones at scale. Investors will get a deeper dive when Burford hosts its earnings call today at 9 a.m. EDT.

Burford’s results arrive amid heightened regulatory chatter in Washington and Westminster, yet the numbers suggest the industry’s largest player is unfazed—for now—by talk of disclosure mandates and tax levies. The firm emphasised that its legal-finance, risk-management and asset-recovery businesses remain uncorrelated to broader markets, a pitch that continues to resonate with pension funds and endowments hunting for alternative yield.

For litigation-finance insiders, Burford’s capital-raising prowess and improving margins could have ripple effects: rival funders may face stiffer competition for marquee cases, while law-firm partners might leverage the firm’s deeper pockets to negotiate richer portfolio deals.

Australian High Court Ruling Strengthens Class-Action Funders

By John Freund |

Australia’s litigation-funding industry just received the judicial certainty it has craved.

Clayton Utz reports that the High Court, in Kain v R&B Investments [2025] HCA 26, unanimously held that the Federal Court may impose common-fund orders (CFOs) or funding-equalisation orders at settlement or judgment—ensuring all class members, not just those who signed funding agreements, contribute to a funder’s commission.

The Court reaffirmed Brewster’s bar on early-stage CFOs but found late-stage CFOs fall within the “just” powers of ss 33V(2) and 33Z(1)(g) of the Federal Court Act. Crucially, the bench rejected “solicitor common-fund orders,” ruling that any CFO benefiting plaintiff firms would contravene the national ban on contingency fees outside Victoria.

For funders, the decision cements the enforceability of commissions in nationwide class actions and removes a major pricing risk that had lingered since Brewster. For plaintiff firms, however, the ruling slams the door on a hoped-for new revenue channel.

The Court’s reasoning—tying funding commissions to equitable cost-sharing rather than contingency returns—will likely embolden funders to back larger opt-out claims, knowing a CFO safety-net is available at settlement. Meanwhile, plaintiff firms may redouble lobbying efforts for contingency-fee reform, particularly in New South Wales and Queensland, to reclaim ground lost in today’s judgment. Whether lawmakers move on that front will shape Australia’s funding market in the years ahead.

Locke Capital Backs Sarama in US $120 Million ICSID Claim Against Burkina Faso

By John Freund |

A junior gold explorer is turning to third-party capital to fight what it calls the expropriation of a multi-million-ounce deposit.

According to a press release on ACCESS Newswire, ASX- and TSX-listed Sarama Resources has drawn down a four-year, US $4.4 million non-recourse facility from specialist funder Locke Capital II LLC. The proceeds will pay Boies Schiller Flexner’s fees and expert costs in Sarama’s arbitration against Burkina Faso at the International Centre for Settlement of Investment Disputes (ICSID).

Sarama alleges the government retroactively revoked its Tankoro 2 exploration permit in 2023, halting development of the flagship Sanutura project. An arbitral tribunal chaired by Prof. Albert Jan van den Berg held its first procedural hearing on 25 July; Sarama’s memorial is due 31 October, and the company is seeking no less than US $120 million in damages.

Under the Litigation Funding Agreement, Locke’s recourse is limited to arbitration proceeds and the ownership chain of Sanutura; Sarama’s other assets remain ring-fenced. Repayment occurs only on a successful award or settlement, with Locke’s return calculated on a multiple-of-invested-capital basis and adjusted for timing.

The deal underscores the continued appetite of specialist funders for investor-state claims, particularly in the mining sector where treaty protections offer a clear legal framework and potential nine-figure payouts.