On February, Burford Capital, a publicly traded commercial litigation finance company, released research that showed 67% of C-level executives, in-house counsel, and private practice lawyers didn’t realize they could use their legal cases as collateral to secure financing for unrelated expenses. Essentially, these companies were sitting on untapped liquidity they didn’t know they could access.
Recognizing that legal cases are assets—like real estate or receivables—that can be financed against gives companies more flexibility and, ultimately, boosts profits. While these large companies are surrounded by financial and legal experts, they’d eventually figure it out. But here’s the real takeaway from Burford’s study: if these well-advised executives don’t realize the financial potential of their legal cases, how hard must it be for the average person involved in a lawsuit, with far fewer resources and knowledge, to grasp this concept?
And the irony is, the average plaintiff—whether a small business owner or an individual—needs to understand this much more than a corporate executive. Large companies may not need litigation financing to stay afloat; they typically use it to manage risk and litigation expenses more efficiently.
On the other hand, for small businesses or individuals, litigation financing can be essential for survival. Whether it’s a small business suing a large corporation for intellectual property theft or a single mother seeking fair compensation after a car accident, the stakes are high.
The reality is, most small business owners don’t have the financial depth to endure a long legal battle. The legal costs, combined with the potential business losses, could spell disaster. And for individuals, it’s even tougher. A CNBC survey revealed that 63% of Americans don’t have enough savings to cover an unexpected $500 expense. A significant injury or accident could lead to financial ruin due to medical bills and lost wages. Without the financial endurance for a drawn-out legal fight, many plaintiffs settle too early for far less than they deserve—just to get the cash they need.
This is where litigation financing can be a game-changer, especially for the “little guy.” It allows small businesses to stand their ground against bigger corporations. It provides individuals, like that single mother, with the upfront funds to cover personal, medical, and living expenses, potentially saving them from falling into a debt spiral. By giving the “little guy” the financial support to pursue justice without fear, litigation financing helps ensure that the outcome of a legal case isn’t determined by which party has the deepest pockets. I like to call this “justice-driven financing.”
Now, don’t get me wrong—I’m not opposed to using litigation financing for more strategic, market-driven purposes, such as giving large companies more financial flexibility. There’s a time and place for that. But what’s indisputable is the tremendous social value of litigation financing when it’s used to serve justice.

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