Trending Now

WHY LITIGATION FUNDERS WIN OR LOSE OPPORTUNITIES BEFORE CASE REVIEW BEGINS

By Eric Schurke |

WHY LITIGATION FUNDERS WIN OR LOSE OPPORTUNITIES BEFORE CASE REVIEW BEGINS

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

In litigation finance, firms often believe they win or lose opportunities based on the quality of their analysis, the strength of their capital position, or the sophistication of their investment strategy.  But, in reality, that decision is often made much earlier.

It happens during the very first interaction; the first inquiry, the first call, the first exchange of information between a claimant, law firm, or referrer and the funding team. Long before a case is reviewed in detail or due diligence begins, impressions are already forming around responsiveness, professionalism, clarity and trust.

And yet, across much of the industry, first contact is still treated primarily as an administrative process rather than a strategic one.

First contact shapes confidence

Litigation finance is fundamentally relationship driven. While analytics, modelling and case assessment are all critical, trust remains central to every funding decision and every long-term partnership.

Over the years, I’ve seen that first contact is rarely neutral. A prompt, thoughtful response signals professionalism, organization, and confidence, while slow follow-up or fragmented communication can quietly introduce doubt even when the underlying opportunity is strong.

Potential claimants and law firms may not always articulate those impressions directly, but they absolutely act on them.

At Moneypenny, we often see this when new legal and professional services clients come to us after experiencing missed calls, delayed responses, or inconsistent handling of inbound inquiries that have already cost them opportunities. In many cases, the issue is not capability. The organization may be highly experienced and commercially strong, but the experience at first contact simply failed to reflect that at the moment it mattered most.

That is why first contact should not be viewed as operational admin alone. It is the beginning of the relationship, and increasingly, a competitive differentiator.

The hidden cost of inconsistent intake

One of the biggest operational challenges within litigation finance is inconsistency in how inbound opportunities are handled.

Inquiries arrive through multiple channels; law firm referrals, direct claimant inquiries, email introductions, website forms, conferences, and professional networks. Information is often captured differently depending on who receives it, while ownership and follow-up responsibilities can quickly become unclear.

From the outside, that creates a fragmented experience. Internally, it slows evaluation, introduces inefficiencies, and increases the likelihood of missed opportunities or incomplete information at the earliest stages of review.

The most effective organizations bring structure and clarity to this process. They define what information needs to be captured at first contact, how it should be recorded, and how opportunities move efficiently through the pipeline.

But importantly, they do this without losing the human element.

Structure creates consistency. People create trust. And in litigation finance, both matter.

Responsiveness matters but so does judgment

There is understandably a strong focus across the sector on speed. Opportunities move quickly, competition for high-quality matters is increasing, and firms want to accelerate triage and evaluation wherever possible.

But speed on its own is not enough. A rushed or overly transactional interaction can be just as damaging as a slow one, particularly when claimants or law firms are dealing with complex, high-stakes, or emotionally charged situations.

Equally, over-automation creates its own risks. Generic responses, unclear escalation pathways, or communication that feels impersonal can weaken trust very early in the relationship.

What matters is balance. 

In litigation finance, the value of first contact extends far beyond simply answering an inquiry. Early interactions often determine how efficiently opportunities are qualified, routed, and progressed, while also protecting valuable time for investment and legal teams by filtering out incomplete or non-viable matters early in the process.

At Moneypenny, we regularly see how structured intake and well-managed communication can improve responsiveness, reduce operational friction, and create stronger early-stage relationships with claimants, referrers, and law firms. Small improvements at this stage can have a significant downstream impact on both pipeline quality and overall efficiency.

In practice, that may mean using technology to improve responsiveness, consistency, and information capture, while ensuring experienced people remain central to judgment, relationship-building, and decision-making.

When that balance is right, the experience feels seamless rather than procedural.

Leadership shows up in the operational details

It is easy to think of leadership primarily in terms of investment strategy, growth targets, or market positioning. But in practice, leadership often reveals itself much earlier and in far smaller moments.

It shows up in what organizations prioritize, what they intentionally design, and what they refuse to dismiss as “just operational.” First contact is one of those moments.

When firms invest in structured intake, responsive communication, and the people responsible for handling those early interactions, the impact is tangible, not only in efficiency, but in stronger relationships, improved deal flow, and greater long-term trust.

The organizations that consistently stand out in litigation finance are not simply better at evaluating opportunities. They are better at demonstrating professionalism, clarity, and confidence from the very first interaction.

Because by the time formal case review begins, the first decision has often already been made.

About the author

Eric Schurke

Eric Schurke

Eric is CEO, North America at Moneypenny.

Commercial

View All

Connecticut Op-Ed Warns of Hidden Costs of Litigation Funding

A new opinion piece out of Connecticut casts third-party litigation funding as an under-regulated market whose costs ultimately fall on the public, adding to the chorus of consumer- and insurance-side critics pressing for greater transparency.

As argued in a CT Insider op-ed by Lisa Lounsbury, president of Big I Connecticut, the growth of third-party litigation funding (TPLF) has turned lawsuits into an investable asset — with the resulting costs, she contends, showing up in higher insurance premiums borne by ordinary consumers.

Lounsbury acknowledges the access-to-justice case for funding, noting that it can help plaintiffs pursue legitimate claims they could not otherwise afford. But she argues that expanded access does not justify operating without meaningful transparency or consumer protections. In many states, including Connecticut, she writes, consumers who turn to litigation funders have little protection: the industry is largely unregulated, with no caps on fees, no clear disclosure of true costs, and inadequate safeguards against referral arrangements between lawyers and funders.

She reserves particular concern for disclosure in the courtroom, warning that funding deals often need not be revealed to judges — leaving courts unaware of who holds a financial stake, who may be influencing litigation decisions, and whether conflicts of interest exist. The piece adds a Connecticut voice to a national debate over how, and how much, the funding industry should be regulated.

New Jersey Supreme Court Sets Five-Factor Test for Third-Party Funding in Criminal Cases

The New Jersey Supreme Court has established a framework for trial judges weighing the ethical implications of third-party funding in criminal matters, extending scrutiny of outside financing into a context that has drawn far less attention than its commercial counterpart.

As reported by Bloomberg Law, the unanimous court issued the framework in a ruling that upheld the conviction of a defendant whose legal bills had been paid by a witness the state called to testify — an arrangement that raised clear questions about divided loyalties. The opinion set out five factors judges should weigh in determining whether a third-party payment arrangement creates a conflict of interest for a defendant's counsel.

At the center of the decision is the principle that an attorney's duty "requires the attorney's exclusive loyalty to the client, without diversion of that loyalty in favor of another person." By articulating specific factors rather than a blanket rule, the court gave trial judges a structured way to assess when outside payment for a criminal defense threatens that loyalty.

The ruling adds a criminal-law dimension to an ongoing debate over transparency and control in third-party litigation funding, which has largely centered on commercial disputes. For courts confronting funded criminal defenses, the decision offers a template for surfacing potential conflicts before they compromise a defendant's representation.

Counsel Financial Names David Le to Lead Product and Digital Transformation

Counsel Financial has expanded its technology leadership with the appointment of David Le as Director of Product and Digital Transformation, a newly created role aimed at modernizing the platforms that underpin its litigation finance operations.

According to a company announcement, the Buffalo-based firm — a provider of specialized financial solutions for plaintiff law firms and litigation finance stakeholders — said Le will lead its digital transformation strategy, overseeing the development and modernization of internal systems supporting underwriting, operations, reporting, and enterprise-wide workflow. The company framed the hire as a step toward strengthening operational efficiency, data integrity, and scalable technology as it continues to grow.

Le brings more than 15 years of experience leading product strategy and digital transformation across legal, financial, and operationally complex organizations. He most recently served as Senior Product Manager for Financial Operations at Urgently, where he led the modernization of internal payment and financial systems. Earlier roles included Head of Product at a consumer technology company and leadership positions at Anthroware and Garretson Resolution Group, where he directed platform initiatives supporting mass tort and personal injury settlement administration. He began his career in corporate strategy and engineering roles at Toyota.

The appointment reflects a broader trend across litigation finance, where funders are investing in technology to sharpen underwriting discipline, improve reporting, and manage increasingly complex portfolios at scale.