Introductory note from Crafty Counsel
Introductory note from Crafty Counsel
When we held our first Disputes Day in November 2022, we asked a room of over sixty in-house lawyers what had brought them to the event. Were they seasoned litigators now in-house? Or, were they corporate / commercial generalists who’d inherited a growing pile of letters before action and contentious matters, and were looking for solace, companionship, and some insight into what "great" looks like? You may not be surprised to know almost all the hands went up for the latter option.
As former in-house counsel ourselves and, before that, corporate lawyers in private practice, we recall how disputes are often perceived in-house: complex, specialised, definitely on your shoulders to solve, and often quickly turning into an evidence treasure hunt in colleagues' emails or a legal privilege masterclass delivered by yours truly at every step.
That’s why we are so pleased to release this in-depth report into how UK in-house legal departments approach litigation. We’re proud to have teamed up with Exton Advisors on publishing the most comprehensive such research to date in the UK.
We found that litigation management strategy is frequently not at the top of the list of strategic priorities of in-house legal teams. Many of our respondents focusing resources and attention first to corporate and commercial opportunities and strategic support to deliver company wide projects.
We also wanted to share stories on how disputes can be proactively managed and showcase opportunities disputes can present for the legal team: a chance to demonstrate proactive risk management, win the trust of the business’ leadership, and even create new commercial wins.
This research illustrates just how much space there is for all involved to re-evaluate their litigation strategy.
- For in-house legal teams to get on the front foot with their CFOs and other key stakeholders, by repositioning disputes as strategic commercial assets. As well as bringing proactive disputes management within the legal team’s strategic role as a value based partner.
- For law firms and other advisers to simplify the funding environment - walking their clients through typical structures and commercial models.
- For those working within the litigation finance sector to bring the conversation directly to corporate legal departments, and from there to the finance and executive teams of the businesses they serve.
We hope you enjoy the report and are looking forward to hearing your views.
John Astill (Managing Director, Exton Advisors) answers some quick-fire questions with Ben White (Founder & CEO, Crafty Counsel)
Sonia Hadjadj
Chief Insights Officer, Crafty Counsel
Ben White
Founder & CEO, Crafty Counsel
Who did we talk to?
Overview of the demographics of survey respondents
We surveyed over 100 legal departments, with over 90% being UK-based.
Reporting to the CEO, with 30% reporting to the CFO
The majority of respondents hold Head of Legal and General Counsel roles, with a few Head of Litigation roles too.
Head of Legal
General Counsel
Size of legal department
Sector
Organisation type
Exton Advisors
Foreword
Over the last 15 years, litigation funding has emerged to become a significant global asset class. There are dozens of dedicated litigation funders and institutional investors now familiar with litigation assets, and roughly four billion dollars being put to work each year to help companies and other claimants realise the contingent value of their claims.
Exton Advisors entered the market five years ago with the objective of demystifying this opaque and complex industry. We set out to support businesses and their advisers in navigating the opportunities that litigation and arbitration funding can present.
Our aim is to support legal departments in driving tangible value to their businesses in ways they may not have previously considered. Crucially, we want to help in-house counsel to change the perception of the legal department from a cost to the business to a valuable revenue generating department that directly and materially contributes to the overall growth of the business. In the ongoing conversation as to how legal departments define and bring “value”, the silence around litigation and litigation funding is deafening.
Historically, Exton Advisors has worked almost exclusively with law firms. Invariably however, our advice is and has been for the benefit of you, the client. As we engage with an increasing number of legal teams, it is essential for us to understand, without making any assumptions, the approach taken by UK legal departments to their litigation, how they manage and indeed how they leverage it. So, we are delighted to partner with Crafty Counsel to speak directly with the in-house community and hear exactly what you have to say.
We hope you will find the results of our research and conversations insightful and valuable. Within this report, we have included answers to the key questions we are asked about litigation funding, and have sought to offer practical advice and tips that we hope will stimulate new and thought-provoking conversations. It is very much our wish that this report is just the genesis of those conversations and that we can work in partnership with you, as you redefine the value the legal team brings to your business.
John Astill
Managing Director, Exton Advisors
