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Smarter Intake for Litigation Finance Firms

By Eric Schurke |

Smarter Intake for Litigation Finance Firms

The following piece was contributed by Eric Schurke, CEO, North America at Moneypenny.

From the very first interaction, litigation finance firms and legal teams should be capturing structured, decision-ready information that enables early case assessment, risk evaluation, and efficient routing. 

This typically includes:

• Who the potential claimant or referrer is and their preferred method of communication
• The context of the matter, including jurisdiction and type of claim
• The stage, urgency, and timeline of the case
• Key parties involved and any relevant documentation
• How the opportunity originated

When captured consistently, this information allows for faster triage, more effective screening, and quicker progression from initial enquiry to investment decision. 

What are the most common mistakes organizations make when handling inbound investment or M&A inquiries?

In litigation finance, the most common mistakes are operational but they have direct commercial and reputational consequences:

1. Slow response times
Prospective clients often contact multiple firms at once. Delays can signal lack of availability or interest.

2. Unstructured information capture
Inquiries can come in over the phone, through email, website forms and LinkedIn, resulting in fragmented or incomplete information.

3. Over-automation or under-humanization
Generic automated responses can feel impersonal, while entirely manual processes create inconsistency and delays.

4. Poor routing and follow-up
Without clear ownership, communications can sit in inboxes or be passed between teams meaning opportunities can stall or be lost internally.

Ultimately, the biggest mistake is treating first contact as administrative rather than strategic, when, in reality, it is the starting point of deal quality.

The most effective approach is a hybrid one – using technology for speed, structure, and consistency and people for judgement and relationship-building.

Technology can:
• Capture and structure case data
• Provide immediate acknowledgement
• Ensure questions are routed quickly and consistently
• Create a clear audit trail

People can:
• Understand nuance and context
• Build rapport and trust
• Ask the right follow-up questions
• Represent the funder’s brand and values

At the start of any case or investment journey, relationships matter. Technology should enhance that experience, not replace it.

What measurable impact can better first contact have on pipeline strength, relationships, and deal outcomes?

Stronger first contact directly improves:

  • Pipeline quality: better intake leads to more qualified, investment-ready opportunities
  • Conversion rates: fast, more professional responses increase engagement and exclusivity, as well as the likelihood of securing instructions
  • Investor confidence: structured early-stage data improves decision-making
  • Operational efficiency: less time chasing incomplete information and faster conflict checks
  • Deal velocity: quicker progression from enquiry to evaluation and funding decision.

Small improvements at the top of the funnel compound across the entire investment lifecycle.

If firms could make just one or two changes today to improve their approach to inquiries, what would you recommend?

1. Create a standardized intake framework
Define the essential data needed for case screening and risk assessment, and ensure it is captured consistently across every channel.

2. Treat first contact as a strategic touchpoint
Ensure every enquiry receives a prompt, professional and human response that reflects the firm’s brand and client-care standards.

In litigation finance, early impressions don’t just shape relationships, they shape deal outcomes. These two changes alone can significantly improve conversion, efficiency and client relationships.

—

Eric Schurke is CEO, North America at Moneypenny, the world’s customer conversation experts. He works with legal firms, litigation funders, and professional services to transform how they manage and qualify inbound opportunities. Eric is passionate about helping organisations strengthen deal flow, improve first impressions, and deliver exceptional client experiences from the very first interaction.

About the author

Eric Schurke

Eric Schurke

Eric Schurke is CEO, North America at Moneypenny, the world’s customer conversation experts. He works with legal firms, litigation funders, and professional services to transform how they manage and qualify inbound opportunities. Eric is passionate about helping organisations strengthen deal flow, improve first impressions, and deliver exceptional client experiences from the very first interaction.

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Shine Justice Marks 50 Years as Mass Tort Expansion Leans on Litigation Funding

ASX-listed Shine Justice has marked its 50th year with a return to profitability and an international mass torts strategy that depends heavily on third-party litigation funding.

As reported by TipRanks, the firm now operates across Australia, New Zealand, Thailand and the United States, with practice concentrations in personal injury, class actions and international mass torts.

Results presented on August 28 showed adjusted revenue up 7.8% to A$220.4 million and adjusted EBITDA up 13.9% to A$44.7 million. Net profit after tax attributable to members reached A$9.3 million, up from A$0.6 million, while operating cash flow held steady at A$19 million. Net work in progress rose 0.9% to A$366.6 million, and the company declared a fully franked dividend of A$0.04 per share. Offsetting that, Shine booked an A$11.2 million provision following an adverse U.S. court decision in a legacy class action now under appeal, and reported six in-principle settlement agreements worth more than A$219 million.

The company describes a hub-and-spoke model in which a U.S. hub sources large mass tort cases and exports them to spokes in Australia, New Zealand and Asia, with balance sheet risk minimised through litigation funding. Shine has secured up to A$40 million for talcum powder litigation and expects further backing for comparable claims in New Zealand and Thailand.

Simon Morrison has moved from managing director to a senior role focused on international mass torts, with Carolyn Barker taking over as group chief executive. Chief financial officer Marc Devine guided to high single-digit personal injury revenue growth of about 8% in FY27.

Fair-Value Accounting Is Amplifying Case Losses at Listed Litigation Funders

Listed litigation funders are facing renewed scrutiny as fair-value accounting pushes losses from adverse court and arbitration outcomes into earnings well before any cash changes hands.

As reported by Traders Union, reversals at Burford Capital, Litigation Capital Management and others have intensified questions about valuation models that treat lawsuits as financial assets.

One recent flashpoint was a Paris-based ICC tribunal's dismissal of a $680 million claim against Nigeria that Burford had funded. The claim, brought by Sunrise Power, concerned a 2020 settlement the tribunal found had been signed by ministers who lacked authority to bind the state without presidential approval. Recoverability concerns were compounded by Sunrise Power's minimal assets and by cost penalties. Burford has separately absorbed the reversal of a $16.1 billion YPF judgment and a $2.4 billion write-down, while LCM has recorded a High Court loss alongside a 99% decline in its share price.

Under IFRS 9 and ASC 820, model-based unrealised gains and losses flow directly into reported earnings, tying marks to share prices, compensation and debt capacity. Net asset value therefore rests on probability-weighted assessments over which management retains significant discretion.

The scrutiny is not new. Muddy Waters alleged in 2019 that Burford "manipulates its performance metrics and abuses the latitude afforded it under fair value accounting," and the company later restated results for FY2019 through FY2022 following an SEC initiative. Burford has also reported a material weakness in internal controls affecting fair value measurement of capital provision assets, though it has pointed to $518.3 million in cash realizations year to date as evidence that timing, not deterioration, drives the volatility.

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Apple has asked a federal court in San Diego to overturn or retry the largest patent verdict on record in the United States, a $5,721,961,750 award that carries a substantial litigation funding stake.

As reported by PYMNTS, a jury found on September 25 that the Taptic Engine used in iPhones and Apple Watches infringes two haptics patents held by Taction Technology. Apple is asking U.S. District Judge Todd W. Robinson to set aside the findings or order a new trial, and could then take the dispute to the Federal Circuit.

Taction sued in 2021 over patents describing tactile transducers that produce bass frequency vibrations. Apple had the case dismissed in 2023, but the Federal Circuit revived it last year after finding the dismissal rested on an unwritten requirement that improperly prevented Taction from relying on certain expert testimony. Apple maintains that the Taptic Engine is "fundamentally different from Taction's technology." Jurors found the infringement was not willful, removing the basis for treble damages.

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