Legal System (3)

Written by Matthew Oxman, LexShares VP of Business Development | Jul 19, 2017 8:27:58 AM | 0 Comments

Litigation Finance: The Advantages of a Well-Capitalized Plaintiff

By Matthew Oxman, LexShares VP of Business Developement. Matthew can be reached at matthew.oxman@lexshares.com.

In recent years, litigation costs have been spiraling upward at a blistering rate.  Since the 2008 financial crisis, billing rates at top law firms have increased 3-4% per year, greatly outpacing the rate of inflation in the broader U.S. economy.  In 2015, law firm revenue increased 4%, despite a demand increase of just 0.5%.  The average rate for top partners now sits at $875/hr, over 25% higher than it was just 5 years ago.[1]

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Topics: Financing Lawsuits, Litigation Funding, Litigation Finance, Legal System

Written by LexShares Team | May 22, 2017 9:54:39 AM | 0 Comments

Eyeing the Beholder: Accounting for the Pivotal Role Judges Play in a Lawsuit

If the courtroom drama of a lawsuit could be reduced to the ever-shifting balance between Lady Justice's scales, the judge would be the fulcrum.  A judge maintains order over the proceeding and ensures that parties, witnesses, and counsel alike all follow proper procedures, safeguarding every party’s right to a fair trial.   At every trial, the judge decides each issue of law that arises.  Each time an attorney objects to a question, testimony, or piece of evidence, that attorney is asking the judge to determine, as a matter of law, whether the subject of the objection oversteps the bounds of admissibility under courtroom procedure and the rules of evidence.  In non-jury trials, a judge also serves as fact finder, determining whether the evidence presented suffices to establish the events and actions a party seeks to prove.  In trials where jurors decide the facts of the case, a judge instructs the jury on the laws that will guide its deliberations, and refines the scope of the facts under the jurors’ consideration.  In this way, just as a fulcrum keeps the scales aligned and supports equally the weight on each side, a judge personifies the level foundation upon which our legal system rests.

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Topics: Litigation Finance, Legal System

Written by LexShares Team | Dec 2, 2014 9:15:00 AM | 0 Comments

Litigation Finance and the U.S. Legal Industry

The U.S. legal industry is vast. The combined value of all verdicts, settlements, attorneys’ fees, and billings for non-lawyer legal services would easily eclipse the GDP of Switzerland. Within its courtrooms each year are tens of millions of cases – a good proportion of the civil docket comprised of torts and commercial lawsuits – and hundreds of billions of dollars change hands. Attorneys occupy a dichotomized position within the sector, both celebrated and hated for their important role in the legal system. Arbitration, settlement, and other out-of-court forms of resolution represent a substantial proportion of tort and commercial claims – as much as 40 percent by some estimates – that are never formally initiated, and thus unfold in addition to courtroom statistics. A market of this staggering size and magnitude cannot help but offer a compelling investment proposition.

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Topics: Financing Lawsuits, Litigation Funding, Litigation Finance, Legal System