When payment capacity becomes a substitute for underwriting A prospective client sits across from an attorney and explains what happened. There is an alleged wrong, a loss and, at least in the client’s mind, an outcome the law should correct. Before the matter has been fully examined, another question may already be forming in the […]
A litigation investment that produces a loss is not necessarily evidence of poor underwriting. That proposition is easy to accept in theory and considerably harder to maintain once an investment has consumed several years of management attention, substantial legal expenditure and significant capital. The difficulty is structural. The quality of an investment decision must be […]
Why the Wrong Litigation Team Rarely Looks Wrong at the Beginning At the beginning, the wrong litigation team can look exactly like the right one. The lawyers are highly ranked. Counsel has the right title. The adviser knows the language. The funder has deployed significant capital. The biographies, offices, transactions and awards all appear to confirm the […]