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Commercial Funder's Corner

Raising the Bar for Client Services in the Legal Industry

By Richard Culberson |

The following was contributed by Richard Culberson, the CEO North America of Moneypenny, the world’s customer conversation experts, specializing in call answering and live chat solutions.

Delivering exceptional client service in the legal industry isn’t about grand gestures or over-the-top perks. Instead, it’s about providing seamless, efficient, and consistent experience—ensuring clients feel supported, informed, and confident in your expertise.

Legal professionals instinctively prioritize client satisfaction, knowing that trust and reputation are everything in the industry. However, keeping clients happy doesn’t require excessive handholding or elaborate corporate hospitality. True exceptional service comes from delivering reliable, solutions-focused support that alleviates stress and allows clients to focus on their priorities.

What Does Seamless Client Service Look Like in Law?

The key is demonstrating value by making legal processes smoother, less stressful, and more efficient. Clients don’t just seek legal expertise—they seek peace of mind that comes from knowing their matter is in good hands, that communication will be clear, and that their legal team will proactively anticipate their needs.

For law firms to reach this high level in client service, it means keeping promises, handling matters efficiently, and exceeding expectations where it matters most—through expertise, responsiveness, and a seamless experience.

How to Build Long-Term Client Loyalty

Focusing on client experience is often a thankless task in the short term, as good service is expected, while poor service is called out. However, over time, delivering consistently excellent service will build trust and loyalty because when clients know they can rely on you, they are more likely to return for future matters and refer others to your firm.

However, being dependable doesn’t mean standing still. Instead, by understanding client touchpoints and pain points, legal professionals can provide even greater value—sometimes before clients even realize they need it.

The Role of Personalization in Legal Client Service

Every client is unique, and every client has unique needs, and it goes without saying that tailoring your approach to those needs is a key differentiator in the legal industry. Even if it is the same type of case as the one you have just handled, it is still unique and requires personalized updates, proactive case management, and thoughtful communication. This will only serve to enhance the client experience and demonstrate that your firm values their business.

What’s more, providing this level of service turns satisfied clients into ambassadors for your firm. While appreciation gifts or hospitality, for example, can be a nice touch, they are meaningless without the reliable service behind them. The true measure of outstanding client service is in making complex legal matters as smooth and stress-free as possible.

Seven Pillars of Seamless Legal Client Service

To consistently deliver outstanding client service, legal professionals should focus on these key principles:

  1. Understand Your Client – Know their goals, concerns, and expectations.
  2. Deliver Convenience and Ease of Use – Make processes straightforward and accessible.
  3. Be Proactive – Anticipate client needs before they arise.
  4. Personalize Your Approach – Tailor communication and solutions to each client.
  5. Communicate Clearly and Regularly – Keep clients informed without overwhelming them.
  6. Keep Your Promises – Reliability builds trust and long-term relationships.
  7. Seek and Act on Feedback – Continuously improve based on client insights.

Reframing the goal from going “above and beyond” to making the legal journey as effortless as possible will create a strong foundation for long-term success. And by doing so, law firms can build lasting client loyalty and a reputation for excellence that sets them apart in an increasingly competitive industry.

About the author

Richard Culberson

Richard Culberson

Commercial

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Case Developments Commercial

Sony and Apple Challenge Enforceability of Litigation Funding Models

By John Freund |

A pivotal UK court case could reshape the future of litigation finance agreements, as Sony and Apple reignite legal challenges to widely used third-party funding models in large-scale commercial disputes.

An article in Law360 reports that the two tech giants are questioning the validity of litigation funding arrangements tied to multibillion-pound cartel claims brought against them. Their core argument: that certain litigation funding agreements may run afoul of UK laws governing damages-based agreements (DBAs), which restrict the share of damages a representative may take as remuneration. A previous Court of Appeal decision in PACCAR Inc. v. Competition Appeal Tribunal held that some funding models might qualify as DBAs, rendering them unenforceable if they fail to comply with statutory rules.

This resurrected dispute centers on claims brought by class representatives against Apple and Sony over alleged anti-competitive behavior. The companies argue that if the funding arrangements breach DBA regulations, the entire claims may be invalidated. For the litigation funding industry, the outcome could severely curtail access to justice mechanisms in the UK—especially for collective actions in competition law, where third-party financing is often essential.

The UK’s Competition Appeal Tribunal previously stayed the proceedings pending clarity on the legal standing of such funding arrangements. With the dispute now heading back to court, all eyes will be on whether the judiciary draws a clear line around the enforceability of funder agreements under current law.

The decision could force funders to rework deal structures or risk losing enforceability altogether. As UK courts revisit the DBA implications for litigation finance, the sector faces heightened uncertainty over regulatory compliance, enforceability, and long-term viability in complex group litigation. Will this lead to a redefinition of permissible funding models—or to a call for legislative reform to protect access to collective redress?

Case Developments Commercial

Funder’s Interference in Texas Fee Dispute Rejected by Appeals Court

By Harry Moran |

A Texas appeals court has ruled that a litigation funder cannot block attorneys from pursuing a fee dispute following a remand order, reinforcing the limited standing of funders in fee-shifting battles. In a 2-1 decision, the First Court of Appeals found that the funder’s interest in the outcome, while financial, did not confer the legal authority necessary to participate in the dispute or enforce a side agreement aimed at halting the proceedings.

An article in Law360 details the underlying case, which stems from a contentious attorney fee battle following a remand to state court. The litigation funder, asserting contractual rights tied to a funding agreement, attempted to intervene and stop the fee litigation between plaintiffs' and defense counsel. But the appellate court sided with the trial court’s decision to proceed, emphasizing that only parties directly involved in the underlying legal work—and not third-party financiers—are entitled to challenge or control post-remand fee determinations. The majority opinion concluded that the funder’s contract could not supersede procedural law governing who may participate in such disputes.

In dissent, one justice argued that the funder’s financial interest merited consideration, suggesting that a more expansive view of standing could be warranted. But the majority held firm, stating that expanding standing would invite unwanted complexity and undermine judicial efficiency.

This decision sends a strong signal to funders operating in Texas: fee rights must be contractually precise and procedurally valid. As more funders build fee recovery provisions into their agreements, questions linger about how far those rights can extend—especially in jurisdictions hesitant to allow funders a seat at the litigation table.

Commercial Regulatory Issues

Oklahoma Moves to Restrict Foreign Litigation Funding, Cap Damages

By John Freund |

In a significant policy shift, Oklahoma has enacted legislation targeting foreign influence in its judicial system through third-party litigation funding. Signed into law by Governor Kevin Stitt, the two-pronged legislation not only prohibits foreign entities from funding lawsuits in the state but also imposes a $500,000 cap on non-economic damages in civil cases—excluding exceptions such as wrongful death. The new laws take effect November 1, 2025.

An article in The Journal Record notes that proponents of the legislation, including the Oklahoma Civil Justice Council and key Republican lawmakers, argue these measures are necessary to preserve the integrity of the state's courts and protect domestic businesses from what they view as undue interference. The foreign funding restriction applies to entities from countries identified as foreign adversaries by federal standards, including China and Russia.

Critics, however, contend that the laws may undermine access to justice, especially in complex or high-cost litigation where third-party funding can serve as a vital resource. The cap on non-economic damages, in particular, has drawn concern from trial lawyers who argue it may disproportionately impact vulnerable plaintiffs without sufficient financial means.

Oklahoma’s move aligns with a broader national trend of state-level scrutiny over third-party litigation funding. Lawmakers in several states have introduced or passed legislation to increase transparency, impose registration requirements, or limit funding sources.

For the legal funding industry, the Oklahoma law raises pressing questions about how funders will adapt to an increasingly fragmented regulatory landscape. It also underscores the growing political sensitivity around foreign capital in civil litigation—a trend that could prompt further regulatory action across other jurisdictions.