Five Times Litigation Finance Can Change the Conversation with Your Client
- Author:
- Naomi Loewith
- Director of Strategic Partnerships - Canada, Investment Manager and Legal Counsel - Canada
Litigators who get the most value from litigation finance think of a funder not as a tool of last resort, but as a strategic partner. There are many times when funding should be part of the conversation. Here are five moments to pick up the phone.
When You First Deliver the Budget
The moment you hand a client a budget is the moment they start doing math. Even enthusiastic clients may feel a quiet shock at the total. This is the ideal time to introduce funding as an option, not a fallback. Offering funding gives the client a route to ensuring the case is properly resourced to its end. For this reason, some jurisdictions require lawyers to discuss funding with clients as a matter of professional responsibility.
When a Bill Goes Unpaid
A late invoice may not be an oversight: it can signal cash flow pressure, shifting priorities, or quiet second thoughts about the direction of the litigation. The conversation about an unpaid bill is much easier when you have a solution to offer. Funding can cover ongoing fees, and in some structures, can address arrears. If payment is late, introduce funding before you send the next invoice.
If Your Client Has Better Uses For Its Capital
When a client is weighing an acquisition, a capital raise, or an expansion, litigation competes with growth — and growth usually wins. This is the moment to reframe the conversation: a strong claim is an asset, not a drain. Funding lets clients pursue both the growth opportunity and the claim. A funder might also advance working capital to pursue the business opportunity, all secured against the claim’s proceeds. When competing priorities arise, think about how funding gives the client the freedom to do both.
When Management or Ownership Changes
A change in leadership, a founder’s departure, a private equity acquisition, a merger — new decision-makers may view a pending action as inherited cost. Litigation funding reframes it as inherited value. If the new leadership is inclined to stop paying for the litigation, funding removes the cost burden and makes it easier to continue the claim. A funder’s willingness to stake capital on the outcome is also powerful external validation. If a transition is coming — or has just happened — don’t assume continuity. Call a funder and get ahead of the conversation.
When a “Short” Case Goes Long
Clients who budgeted for a sprint often find themselves running a marathon. Extended timelines lead to client fatigue and premature settlement — value left on the table not because the case is weak, but because the client ran out of endurance. Funding at this stage relieves financial pressure, signals to the other side that your client can go the distance, and lets the case resolve on its merits. Funders are experienced at coming in mid-stream. When the timeline slips, reach out before your client’s resolve does.
Pick Up the Phone
Omni Bridgeway can join the conversation at any point in the litigation – it’s never too early or too late. Call us. We’re always happy to talk.