Having reflected on the results from Burford Capital’s recent survey of GCs (which I wrote about here), one of the aspects I have been giving further thought to is the polarity of those surveyed when it comes to how businesses see themselves engaging in disputes.
For some, they see litigation as an investment in their future by pursuing their rights more aggressively. For others, they identify the drain on resource that litigation may cause as making them less likely to take action. This presents interesting questions in terms of how clients’ particular needs are best met.
Litigation is undeniably expensive if it progresses, but with the right advice, strategy and good lawyers on your side, a successful outcome generally far outweighs the cost of achieving it. Burford Capital, as litigation funders, naturally focus on the costs and funding aspects, but this is only one factor in a successful outcome.
Along with understanding possible funding arrangements, clients will need to understand the prospects and potential outcomes of their case. This may sound like stating the obvious – however, until recently the data available to lawyers in this regard, underpinning their subsequent advice to clients, was limited.
With the advent and development of research tools like Solomonic - providing access to key data on various factors that help inform prospects (e.g. statistics on judicial treatment along with details of other cases a party may be involved in) - lawyers are in a better position than ever to provide specific and contextual advice.
At Burges Salmon, we draw from all available resources to ensure our clients are as informed as possible. In times of uncertainty, information is king, and we arm our clients with the information they need to make the best possible decisions. If you are interested in knowing more about how we can work with you, please do drop us a line.