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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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LITFINCON Europe Sets Amsterdam Agenda With Burford, Therium, WTW and Susman Godfrey on the Bill

Siltstone Capital has released the full programme for the first European edition of LITFINCON, which opens in Amsterdam on 7 October with eleven panels and a speaker roster drawn from funders, brokers, insurers and the plaintiff bar.

As reported by PR Newswire, the two-day conference runs 7 and 8 October at the Rosewood Amsterdam, the former Palace of Justice on the Herengracht, with VIP programming including a dinner and canal cruise the evening before. This is the seventh LITFINCON edition and the first held in Europe, following events in Houston, Beverly Hills and Singapore that have drawn more than a thousand attendees between them.

The theme is "The Claim Is the Asset: IP, Arbitration, Class Actions & the Investors Who Know It." Confirmed speakers include Philipp Leibfried, Managing Director and Head of Europe at Burford Capital; Neil Purslow, Co-Founder and Managing Partner of Therium Capital Advisors; Max Tribble of Susman Godfrey; Dan Kesack of WTW; Nick Moore of CAC Specialty; Jamie Molloy of Ignite Specialty Risk; Tets Ishikawa of LionFish Capital; and Till Schreiber of Cartel Damage Claims.

Panels cover pricing in European collective actions, enforcement of arbitration awards, Unified Patent Court strategy, artificial intelligence in litigation finance, insurance structures for legal assets, and the divergent regulatory positions taking shape in the UK, EU and United States. The programme closes with a 75-minute unscripted session billed as "Candid Conversations."

Jim Batson, Chief Investment Officer of Legal Finance at Siltstone Capital, said: "Every deal in this industry starts with a conversation between people who trust each other."

Padronus Funds Three German Collective Actions Over Streaming Price Rises, Capping Its Fee at 9.9%

Austrian funder Padronus is financing three new German collective redress actions against Netflix, Apple TV and WOW, structuring its return just below the statutory ceiling that governs funder participation in the country's collective redress regime.

As reported by Digital Fernsehen, the Verbraucherschutzverein filed the three Abhilfeklagen on 15 September, two before the Kammergericht Berlin and one before the Bayerisches Oberstes Landesgericht. The claims allege that the providers raised subscription prices unilaterally on the basis of clauses that do not meet German standards for consumer contracts. Cited increases include WOW from €35.99 to €44.99, Apple TV+ from €4.99 to €9.99, and Netflix from €11.99 to €19.99.

The funding terms are the notable feature for the market. Padronus, operating through Vienna-based Prozessfinanzallianz GmbH, carries the entire cost risk and takes 9.9% of any proceeds, deliberately set beneath the 10% cap imposed on funder remuneration by the German legislation implementing the EU Representative Actions Directive. Where a participant holds legal expenses insurance that responds, Padronus waives its share altogether. Consumers pay nothing regardless of outcome.

Expected individual refunds run from roughly €200 to €700 per provider, and Padronus chief executive Richard Eibl has said a subscriber to all four services could recover close to €800. At the participation levels the funder is targeting, aggregate exposure would reach nine figures.

The German courts have not settled the question. The Kammergericht Berlin held comparable Netflix and Spotify clauses invalid in 2023, and the Bundesgerichtshof declined to disturb that outcome. But the Bayerisches Oberstes Landesgericht dismissed a parallel claim over Prime Video in July, and an appeal is pending.

CAT Approves £260M Google Settlement, the Largest Class Payout in the Regime’s History

The Competition Appeal Tribunal has approved the £260 million settlement of the opt-out collective action brought against Google on behalf of thousands of UK app developers, clearing the way for the largest distribution to class members the Tribunal has sanctioned since the UK's collective proceedings regime began in 2015.

Of the total, £160 million is earmarked for eligible developers, including sole traders and small businesses that sold apps or digital content through the Play Store from August 2018 onwards. The remaining £100 million covers the funding, insurance and legal costs of running the case. Individual payouts will be calculated on each developer's qualifying Play Store sales during the relevant period, and eligible businesses are being directed to the claim website to register ahead of the claims process opening.

As reported by City AM, the claim alleged that Google abused a dominant position by imposing unfair and excessive commissions on developers distributing through the Play Store. Google settled without any admission of liability or wrongdoing, saying it was pleased to reach agreement subject to court approval.

For the funding market, the approval resolves the question hanging over the case since August. Bench Walk Advisors financed the proceedings, and the professional parties agreed to forgo £34 million of their contractual entitlement, bringing their combined return down to the £100 million the Tribunal has now approved. The Tribunal's willingness to sanction a settlement of this size, with costs and funder returns disclosed and reduced in advance, gives funders a concrete benchmark for what the CAT will treat as just and reasonable.

Neil Purslow, Chairman of the Executive Committee of ILFA, said: “This landmark settlement vindicates the opt-out collective actions regime at an important moment for its future. Thanks to the regime and the litigation funders who underpin it, thousands of small businesses with no realistic alternative to take on a corporate wrongdoer will now be awarded compensation they could never have won on their own.”

“As the Government considers the future of the regime, this case is proof the system can deliver. This is a young regime that should be nurtured and expanded, not constrained, so more consumers and small businesses can hold powerful defendants to account.”